Torbit Legal Help: Your Go-To Guide For All Legal Queries

Navigating property disputes, lease agreements, and ownership rights can often feel overwhelming. In this edition of Torbit Legal Help, legal experts Jayshree Navin Chandra and Divij Poddar from ZEUS Law Associates address common real estate dilemmas—ranging from unilateral rent hikes and tenanted property rights to co-ownership disputes, unregistered sale agreements, and senior citizen protections.

Q. I took a flat on lease for five years. When the lease began, the landlord and I agreed that the rent would stay constant for the first two years. Only one year has gone by, but the landlord has now served me a notice saying he will raise the rent by 5%. Is he entitled to do this?

The landlord's right to increase the rent will depend primarily on the terms of the executed lease deed and the applicable law. If the lease expressly provides that the rent will remain fixed for the first two years and does not contain any provision permitting an earlier increase, the landlord ordinarily cannot unilaterally increase the rent during that period. You should examine the rent escalation clause and any other relevant provisions of the lease deed. If the lease prohibits an increase during the first two years, you may respond to the notice in writing, referring to the relevant contractual provision and declining the proposed increase.

Q. I purchased a house that is occupied by a tenant. Can I ask him to vacate immediately?

No, the sale of a tenanted property does not, by itself, terminate an existing tenancy. Under Section 109 of the Transfer of Property Act, 1882, subject to the terms of the lease and any contract to the contrary, the purchaser generally steps into the shoes of the previous landlord and acquires the lessor's rights in relation to the leased property. You can seek possession only in accordance with the terms of the tenancy and the applicable law. Where a rent-control statute applies, eviction can ordinarily be sought only on the grounds and through the procedure prescribed under that legislation.

Q. My brother and I jointly own a shop, and I am in possession of the same, as I run my business from it. Without my consent, my brother sold the entire shop to a buyer. Is the sale valid?

A co-owner can ordinarily transfer his or her undivided share in jointly owned property without the consent of the other co-owner. However, a co-owner cannot transfer a greater interest than the interest he or she actually owns. Accordingly, if your brother has purported to sell the entire shop, the transfer cannot convey your undivided share merely by virtue of the sale. The buyer would generally acquire only your brother's transferable interest and would step into his position as a co-owner. Your ownership share would remain unaffected. The buyer may seek partition of the property, subject to the applicable law, but cannot claim exclusive ownership or possession of the entire shop merely on the basis of the sale.

Q. My brother has entered into an agreement to sell a property situated in Delhi. The possession is with the seller. My brother has already paid a substantial amount towards consideration, but the seller now is not executing the sale deed. Can my brother claim ownership of the property even if the sale deed has not been executed and registered?

No. Merely entering into an agreement to sell and paying a substantial part of the sale consideration does not, by itself, entitle your brother, the purchaser, to claim the ownership of the property without the execution and registration of the sale deed. If the seller refuses to complete the transaction in accordance with the agreement, your brother may, subject to the terms of the agreement and the applicable law, institute proceedings for specific performance seeking a direction to the seller to execute the sale deed.

Q. My mother is 75 years old. Last year she executed a gift deed in favour of my brother for gifting her self-acquired property to my brother. Now, my brother has stopped taking care of her and her day-to-day needs. Can she revoke the said gift deed?

Yes, under certain circumstances. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, provides that where a senior citizen transfers property by way of a gift, subject to the condition that the transferee will provide basic amenities and physical needs, and the transferee subsequently fails or refuses to fulfil that condition, the transfer may, at the option of the senior citizen, be declared void by the Maintenance Tribunal. Therefore, if the gift to your brother was made on the understanding or condition that he would maintain and take care of his mother, and he has subsequently failed or refused to do so, she may approach the Maintenance Tribunal seeking a declaration that the gift/transfer is void.

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