Lease agreement cannot be cancelled unilaterally
2) they cannot enter into agreement directly with tenant
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Trust agreement validity and registration
Dear sir in 1934 we have registered with trust . we have registered agreement which updated in registrar office in that agreement it clearly mention we have possession of land for permanent lease the word mention "NIRNATAR " and also trust cannot ask possession back.and also we can sell property to hindu only because its hindu temple trust . we have agree to paid land rent to trust regularly to benefit of trust. we have bombay high court judgment( as per Bombay high court 1939) in our favor against trust and municipal corporation . but in 1950 bombay trust act come in to force our trust also registered with BPT 1950 . we have own total 6 houses 9 (from 1934) at said property in which we have rent out 5 house' due to financial crises(rent out from 1990 to till date) now trustee send us notice that we have sublet their property and earning more rent from tenant and paying less to trust. They are trying to register new agreement with our tenant and canceling our old agreement. kindly advice how deal with this.
Asked 3 years ago in Property Law
Religion: Hindu
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9 Answers
Dear Client,
Lease agreement cannot be cancelled by one side of the party only. It needs to be cancelled by mutual consent of both the parties.
Thank You.
You may have to issue a reply notice denying their allegations with the reasons to prove their claim as false.
You can approach court with a suit for permanent in junction against the trust to restrain them from interfering in your possession and enjoyment of the property including approaching the tenants for whatever reasons they may quote.
Yes that will be ideal way to be standing by the said members in the above case
not possible to comment without looking at the lease deed signed by the trust in your favour
On above questions kindly suggest some section,clause and act under I defend my title of permeant lease ownership in suit land. Our register agreement is sign and agreed by my grandfather and trustee of 1934. Can out tenant have right to become leaseholder of.our suit land because they living.from 40 year,?
Asked 3 years ago
Once a tenant always a tenant
as on date yiu are lessee of land
lessor cannot unilaterally terminate lease deed and appoint tenant as lessee
Neither your grandfather nor his descendants can claim title or ownership in the property under lease in your grandfather's name.
The sub let tenant is again a tenant hence he too cannot claim ownership in the property just because he has remained in that property for over 40 years as a sub tenant.
Dear Client,
As per the facts provided you should consult an advocate as the lease agreement can be canceled by mutual consent of both the parties.
Thank You
Suit must be filed