Open Access Research Article
OSTENSIBLE AUTHORITY AND SUB-LETTING: REVISITING SECTION 41 OF THE TRANSFER OF PROPERTY ACT IN INTERMEDIARY-LED RENTAL HOUSING
Abstract
India's
urban rental market increasingly runs on a layered arrangement in which an
intermediary takes a flat on lease from the owner and re-lets it to occupants,
collecting a large refundable security deposit from each. Statute and case law
have given little attention to the occupant at the bottom of this chain. This
article is a critical study of whether the bona fide sub-tenant has an
effective remedy under the Transfer of Property Act 1882, the Registration Act
1908, the law of contract and the doctrines of ostensible ownership and
estoppel. It shows that the sub-tenant's possession and deposit are exposed to
a dispute in which the sub-tenant has no part, namely the dispute between owner
and intermediary. It then considers how the Model Tenancy Act 2021 and
comparative deposit-protection regimes address the problem, and proposes
targeted reforms: recorded owner consent to sub-letting, custody of deposits,
and procedural protection for sub-tenants in eviction suits.
Published Paper
Author Details
Authors: MS. RENUKA Registration ID: 1013565 | Published Paper ID: IJLRA13565Approved ISSN: 2582-6433 | Country: Delhi, India
Article Information
OSTENSIBLE AUTHORITY AND SUB-LETTING: REVISITING SECTION 41 OF THE TRANSFER OF PROPERTY ACT IN INTERMEDIARY-LED RENTAL HOUSING
Authors: MS. RENUKA
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 8
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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