Summary
If a property lease ends and ownership changes, the new owner (B) is generally responsible for refunding the lease amount to the tenant under Section 108 of the Transfer of Property Act, 1882. The lease agreements specific terms and any court orders may affect this responsibility. To file a case for the return of the lease amount, send a legal notice to B and, if necessary, file a suit in the relevant civil court. The new owner inherits the obligations tied to the property, including refunding the lease amount if stipulated in the lease agreement.Full Conversation
the lease aqgreement is over at the time of dispute
Under Indian law, particularly the Transfer of Property Act, *:
- If the lease agreement has expired, generally the new owner (B) would be responsible for returning the lease amount to the tenant, unless the agreement specifies otherwise.
- Review the specific terms of the lease agreement for any clauses about disputes or change of ownership.
Do you have a copy of the lease agreement, and does it mention anything about refunds in case of ownership disputes?
its mentions that at the time of end of lease agremment ill retrun the full amount
Under the Transfer of Property Act, *, if the lease agreement specifies that the full amount will be returned at the end of the lease, B (the current owner) is generally responsible for returning the lease amount to the tenant, unless the agreement explicitly states otherwise.
Would you like to know more about enforcing this clause or any other legal assistance regarding this matter?
yes how to file a case for t his
To file a case for the return of the lease amount, you can follow these steps:
- Draft a Legal Notice: Send a legal notice to B, demanding the return of the lease amount as per the agreement.
- File a Suit: If B does not respond appropriately, file a suit in the relevant civil court.
Would you like more details on drafting a legal notice or filing the suit?
why a is not responwible for the lease amount ,at the time of disoute a gets the lease amount right??
In this situation, the responsibility to return the lease amount typically falls on the current owner (B) under Indian law, especially if the lease agreement has a clause about refunding at the end of the lease.
- The Transfer of Property Act, *, generally places this responsibility on the new owner (B).
- Since B is now the owner, B inherits the obligations tied to the property, including refunding the lease amount.
Would you like more details on how B can be legally compelled to return the lease amount?
in which section of tp act says about this
The relevant section of the Transfer of Property Act, *, that deals with leases and the responsibilities of the new owner is Section *. Specifically, it outlines the rights and liabilities of lessor and lessee. The new owner (B) inherits the obligations tied to the property, including refunding the lease amount if stipulated in the lease agreement.
Would you like more detailed information on Section * or guidance on how to proceed legally?
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