I am an NRI. I have taken a piece of land on the lease from “Mr. A” and with his permission, I have constructed a hotel on it. “Mr. A” died a month ago. Now his wife “Miss. S” without my knowledge sold the land including the hotel to “Mr. T” who is one of her relatives. Now my question is that whether “Mr. T” became the rightful owner of the hotel/building? Guide me.
The legal principle is that where the owner of the land executed a lease and the lessee had with the permission of the owner constructed a house/hotel on it in which ownership right where with the lessee and not with the owner of the house, a sale deed executed by the wife of the owner after his demise would be a sale of only the land and not of the hotel. The purchaser “Mr. T” would acquire ownership only in the land and would be entitled to lease rent as per the lease which was being realized by the predecessors.
Source: – TP Act 13th edition (Mulla) page 391