Under the third proviso to section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, a…
Section 11(3) governs applications based on bona fide need for occupation. Its third proviso applies where the landlord’s right to recover possession arises under a transfer…
Choose your answer
Under the third proviso to section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, a landlord’s right to recover possession arises under an instrument of transfer inter vivos. What period must expire from the date of that instrument before the landlord may apply under section 11(3)?
Answer and explanation
Correct answer C
Section 11(3) governs applications based on bona fide need for occupation.
Its third proviso applies where the landlord’s right to recover possession arises under a transfer inter vivos.
The one-year period runs from the instrument date and must expire before the landlord can apply.
Option feedback
Option A
Six months does not satisfy the one-year waiting period.
Option B
The third proviso sets a one-year period. Nine months is too short.
Option C
The landlord must wait until one year has expired from the date of the transfer instrument.
Option D
The proviso imposes a one-year waiting period. It does not require two years.
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Kerala Judicial Services