Are some premises exempted from the Rent Control Act?
I’ve lately constructed a constructing which is appropriate for small enterprises. I wish to know whether or not such premises will be exempted underneath the Rent Control Act.
—Name withheld on request
We presume that you simply additionally personal the land on which the brand new constructing has been constructed. A landlord in Maharashtra can, underneath the Rent Control Act, 1999, hire out the constructing to numerous tenants as agreed upon in a business settlement between a landlord and the tenant.
The Act just isn’t relevant the place premises let to international missions, worldwide companies, multinational firms and public or personal restricted firms having a paid-up share capital of greater than ₹1 crore. You ought to test the opposite exemptions earlier than renting out the premises.
My brother rented out his condo to a household in 2021. The subsequent yr, he discovered that the property was being utilized by the tenants for business functions. Can this be purpose sufficient for my brother to ship an eviction discover to the tenants?
—Name withheld in request
We assume that the premises was initially set free to the tenant for residential objective. Subsequently, the tenant has altered or modified using the premises from residential to hold out enterprise actions from there. Such change is expressly barred underneath the Maharashtra Rent Control Act, 1999, and your brother can ship an eviction discover to the tenant. If the tenant resists, then your brother must provoke proceedings earlier than the competent court docket.
A Hindu donor, whom I do know, gifted his property by means of a registered unconditional reward deed however bought the mentioned property after a number of months by means of a sale settlement. Which doc—reward deed or sale settlement—will prevail in such a case?
—Name withheld in request
We perceive from this question that the donor is a Hindu and has executed a registered deed of reward in respect of his property in favour of the donee unconditionally. We have presumed that the donor has by advantage of the registered deed of reward gifted and transferred his total proper, title and curiosity within the property to the donee completely and ceaselessly.
The donor has transferred all his proper, title and curiosity within the property and thus ceases to have any proper, title and curiosity within the property upon execution of deed of reward. The title to the property now vests with the donee.
Therefore, any such subsequent sale of property by the donor which was subject material of the deed of reward can be invalid because the purchaser of the property won’t purchase any professional proper, title and curiosity within the property that has already gifted by the donor.
Aradhana Bhansali is companion, Rajani Associates.
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Updated: 16 Nov 2023, 11:24 PM IST