A Rent Agreement Is Only as Strong as the Signatory’s Right to Lease the Property: Navod Prasannan

A signed rent agreement and possession of a premises may not by themselves protect a tenant from eviction if the person who executed the agreement did not have the legal right to lease the property, Navod Prasannan said while commenting to ET Wealth Online on a recent Madras High Court judgment.

He noted that tenants should verify who actually owns the property and whether the person offering it on rent is authorised to do so, particularly where the person is a relative, caretaker or other third party rather than the owner.

Navod also highlighted the importance of maintaining documentary evidence of rent payments. In the case, the tenant had no proof that rent had been paid, had not deposited rent before the court, and had not produced the person who allegedly signed the rent agreement as a witness. He therefore advised tenants to make rent payments through banking channels or obtain proper rent receipts, so that the tenancy and payment history can be established if a dispute arises. He further noted that the tenant did not respond when the property owner called upon him to either pay the rent or vacate, which contributed to the Court’s conclusion that he was not a lawful occupant.

According to him, the case also highlights the need for tenants to ensure that their claims remain consistent with their documents. The rent agreement in question covered an 18-by-13-foot bunk shop, while the tenant subsequently claimed rights over a much larger 60-by-60-foot plot. The litigation, which began in 1989 and was decided in 2026, also highlights the human and financial costs that prolonged property disputes can impose on families.

Navod therefore emphasised that tenants should undertake appropriate ownership and authority checks, maintain clear records of rent payments and seek legal advice at the outset where the ownership or leasing authority is unclear.

Read the full article here: https://economictimes.indiatimes.com/wealth/legal/will/tenant-fails-to-get-protection-from-eviction-as-he-could-not-prove-property-owners-brother-signed-unregistered-rent-agreement-with-him-madras-hc-order-explained/articleshow/134653956.cms 

Last Updated on 5 October, 2026