Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Transferee Landlord's Rights to Rent Arrears - The transfer of property includes all incidents of right, title, and possession, which generally encompasses the right to claim rent accrued prior to transfer. However, the transferee is typically not entitled to rent arrears due before the transfer unless specific conditions are met ["SARDAR INDRAJIT SINGH And ANR vs ASHIMA KHATOON And ORS - Jharkhand"], ["2025 0 Supreme(Jhk) 636"], ["2025 Supreme(Online)(Jhk) 3354"].
Entitlement to Rent Arrears Prior to Transfer - The law indicates that a transferee landlord is not entitled to recover rent due before the transfer date unless the tenant had reason to believe the transfer was made and continued paying rent to the original landlord in good faith. If the tenant paid rent to the original landlord without knowledge of the transfer, they are not liable to pay again to the transferee ["2023 0 Supreme(Jhk) 1377"], ["2024 Supreme(Online)(Bom) 4211"], ["2022 Supreme(Online)(Chh) 1611"].
Conditions for Claiming Rent and Eviction - Prior to filing an eviction suit for non-payment of rent, a demand notice is a necessary condition. If such notice is absent, the claim for arrears and eviction may be challenged. Additionally, the tenant's acknowledgment or attornment is not mandatory for the transfer to be valid, and notices under Section 106 of the Transfer of Property Act are appropriate ["2025 Supreme(Online)(Del) 3560"].
Rights of the Tenant and Transfer Effects - A tenant can maintain connection with the premises after transfer through family members residing in the property. The tenant's obligation to pay rent depends on whether they were aware of the transfer; ignorance of transfer can prevent the transferee from claiming arrears prior to transfer ["2024 Supreme(Online)(Bom) 4211"], ["2024 Supreme(Online)(Bom) 7783"].
Legal Precedents and Statutory Provisions - Courts have held that a transferee's right to rent arrears is limited to those accruing after the transfer if the tenant was unaware of the transfer. The transfer does not automatically entitle the new landlord to recover arrears prior to transfer unless the tenant had reason to believe the transfer and continued paying rent in good faith ["SARDAR INDRAJIT SINGH And ANR vs ASHIMA KHATOON And ORS - Jharkhand"], ["2025 0 Supreme(Jhk) 636"].
Analysis and Conclusion:The general principle is that a transferee landlord is not entitled to rent arrears that accrued before the transfer unless the tenant was aware of the transfer and paid rent in good faith to the original landlord. The transfer of ownership does not automatically transfer the right to recover pre-transfer rent unless specific conditions are met, such as the tenant's knowledge and continued payments. Therefore, in most cases, the transferee landlord's entitlement to rent in arrears is limited to amounts due after the transfer date, unless evidence shows the tenant's awareness and continued payment to the original landlord ["SARDAR INDRAJIT SINGH And ANR vs ASHIMA KHATOON And ORS - Jharkhand"], ["2023 0 Supreme(Jhk) 1377"], ["2024 Supreme(Online)(Bom) 4211"].
Imagine purchasing a rental property only to find the tenant owes months of back rent to the previous owner. Can you, as the new landlord, step in and demand those arrears as part of your rights? This common scenario raises a critical question in landlord-tenant law: Whether the is Entitled to Get which Accrued Prior to the Transfer of the .
In this post, we explore the legal nuances under Indian law, primarily (TPA), supported by key judicial precedents. While this provides general insights, consult a legal professional for advice tailored to your situation.
Section 109 TPA governs the rights of a transferee upon the transfer of a landlord's interest in leased property. Generally, the transferee steps into the shoes of the , inheriting rights and liabilities attached to the property, including the right to receive rent—unless there's a contract to the contrary.
However, the draws a clear line: Provided that the transferee is not entitled to arrears of rent due before the transfer... This means prior arrears do not automatically pass to the new landlord. They must be in the or a separate agreement. [
#RentArrears, #TPASection109, #LandlordRights
The transfer takes place with all incidents of right, title and exclude the owner of the premises who is also entitled to receive rent owner of the premises who is also entitled to receive the rent of span style
It was further submitted that prior to filing the Eviction Petition on ground of non-payment of rent, a demand notice for arrears of rent is a condition precedent. However, there was no demand notice by the Respondent prior to filing the Eviction Petition. 17. ... Such an averment by the Petitioners is not tenable as by admitting non-payment of rent, the Petitioners is not enti....
In view of such existing fact, it is observed that the landlord shall be entitled to get the vacant possession of the premises with arrears of rent of Rs.10,500/- prior to three months of 30-11-2011 and subsequent to that the occupation charges of Rs.3,500/- before the issuance of certificate of recovery ... The tenant/petitioner herein appeared before the Ren....
In view of such existing fact, it is observed that the landlord shall be entitled to get the vacant possession of the premises with arrears of rent of Rs.10,500/- prior to three months of 30-11-2011 and subsequent to that the occupation charges of Rs.3,500/- before the issuance of certificate of recovery ... The tenant/petitioner herein appeared before the Ren....
Provided that the transferee is not entitled to arrears of rent due before the transfer, and that, if the lessee, not having reason to believe that such transfer has been made, pays rent to the lessor, the lessee shall not be liable to pay such rent over again to the transferee. ... (X) Is the plaintiff entitled to ....
There are many ways in which a tenant can maintain his connection with the tenanted premises after his transfer outside the city. ... Secondly, even if it is assumed that Plaintiff was not entitled to demand rent prior to August 1988, the demand for rent made by her during August 1988 till May 1990 is otherwise valid. It therefore cannot be contended that the entire not....
There are many ways in which a tenant can maintain his connection with the tenanted premises after his transfer outside the city. His wife and/or children can continue to reside in the tenanted premises. ... Secondly, even if it is assumed that Plaintiff was not entitled to demand rent prior to August 1988, the demand for rent made by....
There are many ways in which a tenant can maintain his connection with the tenanted premises after his transfer outside the city. His wife and/or children can continue to reside in the tenanted premises. ... Secondly, even if it is assumed that Plaintiff was not entitled to demand rent prior to August 1988, the demand for rent made by....
The plaintiff was held entitled to get a decree of eviction as provided u/s 11 (1) (a), (c), (d) of Jharkhand Buildings (Lease, Rent and Eviction) Control Act, 2000 and to get arrears of rent and directed that the defendant will have to pay the rent at the rate of Rs. 2000/- per month till eviction. ... liable to him: Provided that the transferee is n....
The plaintiff was held entitled to get a decree of eviction as provided u/s 11 (1) (a), (c), (d) of Jharkhand Buildings (Lease, Rent and Eviction) Control Act, 2000 and to get arrears of rent and directed that the defendant will have to pay the rent at the rate of Rs. 2000/- per month till eviction. ... liable to him: Provided that the transferee is ....
In N. M. Engineer vs. Narendra Singh Virdi, AIR 1995 SC 448, this court again held that in the absence of any assignment of the rent in favour of the transferee, the assignee is not entitled to the rent due before the assignment. Trimbak shirole and others reported in 1981 Mh. L. J. 967. Act to the effect that usually the transferee is not entitled to the arrears unless there is a contract to the contrary was approved. If there was an assignment of arrears then certain the transferee....
If there was an assignment of arrears then certainly the transferee landlord could maintain the petition for eviction on the ground of arrears of rent including the arrears due prior to the transfer in his favour. Interpretation put by the Rajasthan High Court of proviso to Section 109 of the Transfer of Property Act, to the effect that usually the transferee is not entitled to the arrears unless there is a contract to the contrary was approved. It was held : "an objection ba....
It was held : "An objection based upon the proviso to Section 109 of the Transfer of Property Act was, we think rightly, disposed of by the High Court as follows : "The next objection is that under the proviso to Section 109 of the Transfer of Property Act the transferee is not entitled to arrears of rent due before the transfer. In our opinion he is ordinarily not so entitled unless there is a contract to the contrary. Interpretation put by the Rajasthan High Court of proviso to Section 109 o....
In our opinion he is ordinarily not so entitled unless there is a contract to the contrary. Sec.8 of the T.P.Act provides the transfer, the transferee is entitled to the rents and profits thereof accruing after the transfer. Similar is the position under Sec.55 of the T.P.Act. Act the transferee is not entitled to arrears of rent due before the transfer. There was an express contract to the contrary contained in the compromise petition which was incorporated in the compromise....
As per the sale deed arrears of rent was not specifically assigned by the transferor landlord to the transferee landlord. Court found that although the transferee acquires all the rights of the transferor, in view of the proviso to S.109 of the Transfer of Property Act, the transferee ipso facto is not entitled to arrears of rent accrued before the transfer. S.8 of the Transfer of Property Act provides that on transfer, the transferee is entitled to the rents and profits ther....
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