Sample Questions – Landlord & Tenant

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Q1. I filed an eviction petition on the ground of bona fide requirement under the Delhi Rent Control Act. Since, I was not too well I did not appear for evidence before the Court and instead I got the examination of my Power of Attorney who gave evidence before the court. Is such an evidence proper in a case of bona fide requirement?

A. The best person to prove bona fide requirement of a landlord is the landlord itself. In case you could not appear before the court for some extreme reasons, you should have got yourself examined on commission. The court generally takes an adverse inference in case the landlord himself does not appear for leading evidence for a bona fide requirement. It would be appropriate that even now you should filed an application for your own evidence in the court and you should not rely upon the evidence given by your Power of Attorney.

Q2. What are the essential requirements in case a widow wants to file an eviction petition for getting back her tenancy let-out at a monthly rent of Rs. 1,500/-?

A. The essential things required for filing an eviction petition by a widow are that she should be the land lady of the premises and the premises should be required by her for her own residence. The said apart nothing else is required to be proved in such a case.

Q3. I have instituted a petition for bona fide requirement under the Delhi Rent Control Act. In the said petition I am claiming that I have a grown up son of 18 years of age and I require one separate room for that son. Is such a demand of requirement of a separate room justified?

A. Yes, such a demand is justified. One single room is required for the grown up child who should be free to use and live in that room in the manner he likes and should be free to devote his time to his studies without disturbance. The ground is justified and bone fide requirement can be proved on this ground.

Q4. How can a premises be sublet by a tenant?

A. Under law any subletting by a tenant has to done by a written consent given by the landlord, who has let-out the premises to the tenant. In case there is no written consent to the tenant by the landlord to sublet, any subletting done by the tenant is illegal and in such an eventuality the tenant should be liable for eviction from the premises.

Q5. Can a suit for eviction be filed against the tenant by the landlord, if the monthly rent is Rs. 2,500/- ?

A. Under the Delhi Rent Control Act, no suit for eviction of a tenant can be filed. Section 50 of the Delhi Rent Control Act, clearly bars the jurisdiction of a civil court. For evicting a tenant a petition can be filed only under the grounds mentioned in the Delhi Rent Control Act, before a Rent Controller

Q6. I have filed a case against my tenant in which a question has arisen about the difference between ‘tenant at sufferance’ and ‘tenant by holding over’. Can you enlighten me on the same.

A. If after expiry of the period of tenancy or after his determination a tenant continues in possession without landlord’s consent, the said person (tenant) holds the property as tenant at sufferance having no interest. For his ejectment no notice is necessary. But a tenant by holding over is different. To be tenant by holding over he is to continue in possession after the efflux of time with the consent express or implied of the owner. It is a creature to bilateral consensual act. It is not created by unilateral intendment.

Q7. Is it correct that whenever the rate of rent is altered, a fresh tenancy comes into being ? If a landlord accepts enhanced rent during the period of the tenancy, does the earlier tenancy comes to an end and a new tenancy begins. What does law say on this ?

A. It is not correct to say that whenever a rate of rent is altered, a fresh tenancy come into being and the old tenancy stands surrendered by implication. Landlord accepting an enhanced rent during the terms of tenancy say at 18th year when the tenancy was for 20 years, it cannot be said that the earlier lease has not been surrendered by implication. The old lease subsists and the end of the term the tenancy comes to an end by efflux of time.

Q8. I am the co-owner of a property which is on rent. The tenant is not paying the rent for the last four months, but the other co-owners of the property are not interested in filing any case for the recovery of the arrears. Can I file a case for recovery of my share of the arrears of rent ?

A. In a Co-owner’s suit for recovery of proportionate rent and splitting up of tenancy, it is open to a co-owner to pray for a decree for his share of arrears of rent by filing a suit on the basis of unified and integral tenancy and without making any effort to split up the same. It cannot be said that a co-owner must sue for the entire arrears of rent and if he does not do so he cannot maintain an action.

Q9. A Notice by predecessor of interest ejectment suit by successor A notice to terminate tenancy was issued by the Estate Manager of the Bombay Port Trust (constituted under the Bombay Port Trust Act 1879) on behalf of its Board of Trustees to the tenant occupying the building owned by the Port Trust. Before the expiry of notice period there was a change in law and the successor of Board to Trustees instituted the ejectment suit. Is such a suit legal and valid in law ?

A. The right to eject tenant acquired by the erstwhile Board of Trustees acquired by giving notice to quit ensured for the benefit of the successor of the Board of Trustees. Therefore the suit for ejectment filed by the successor Board was competent. It is no doubt true that per se Section 109 of the Transfer of Property Act does not apply to the facts of the instant case. It contemplates transfer of lessor’s right inter vivos. But when right, title and interest in immovable property stand transferred by operation of law, the spirit behind s. 109 per force would apply and successor in interest would be entitled to the rights of the predecessor.

Q10. I let out one floor of my house to a tenant but the lease was not registered. have been accepting rent from him. Is the lease for the period mentioned in the lease deed. Is a notice necessary for evicting my tenant ?

A. When a tenant continues in possession after expiry of the term contemplated on an unregistered deed of lease, and pays rent, he is a tenant by holding over from month to month, the unregistered lease deed being inadmissible and term of lease being not a collateral purpose. For his eviction notice under Section 106 of the Transfer of Property Act Act is mandatory.

Q11. What is the difference between a joint tenant and tenants in common ?

A. The basis distinction between joint tenants and tenants in common is that in case of joint tenants there is unity of title and possession, while in the case of tenants in common, though there is a unity of possession there no unity of title.

Q12. I have filed a suit for vacation of my rented property. The tenant has challenge the validity of the notice I served him under Section 106 of the Transfer of Property Act. What is the legal requirement for such a notice ?

A. What s. 106 requires is that a lease from month to month is terminable on the part of either the lessor or the lessee by 15 days’ notice expiring with the end of a month of the tenancy. A legal termination of the monthly tenancy thus requires two conditions to be fulfilled viz. That there must be a notice terminating the tenancy giving 15 day’s notice and it must be expire with the end of the tenancy month. A notice giving mere 15 days’ time by itself will not answer the requirement of s. 106 but it must also indicate that the 15 days’ period must expire with the end of the tenancy month.

Q13. My uncle had taken a property on rent where he is carrying on certain manufacturing of goods. The landlord has served a notice for ejectment on the basis that the property was let out for residential and not manufacturing purpose. What is required to be shown by us to prove that the tenancy was for manufacturing purpose ?

A. The tests for determining if a lease is for manufacturing purpose are (1) that it must be proved that a certain commodity was produced, (2) that the process of production must involve either labour or machinery, (3) that the end product which comes into existence after the manufacturing process is complete, should have a different name and should be put to a different use. In other words the commodity so transformed as to lose its original character.

Q14. My father owned a premises which were on rent with a tenant. During the tenancy since my father required some money, the property was mortgage to the tenant. Now my father has repaid the amount to the tenant. Would it mean that the tenancy is automatically surrendered by the tenant ?

A. When a landlord mortgages the premises to his tenant, then no redemption of the mortgage the landlord does not ipso facto get the right to eject the tenant. When mortgage is executed the question whether the tenancy stood impliedly surrendered or not is the yardstick. If it is, the landlord gets the right to evict. There is no question of merger of the two rights, for neither of them is a higher or lesser estate.

Q15. My Landlord is disputing that my tenancy is nit a lease but a license. There is no written agreement between us. How does one differentiate whether it is a lease for a license?

A. The crucial test in each case is whether the instrument is intended to create or not to create an interest in the property the subject matter of the agreement. If it is in fact intended to create an interest in the property it is a lease, if it is does not it is a license. In determining whether the agreement creates a lease or a license the test of exclusive possession though not decisive is of significance.

Q16. A was inducted as a tenant in the premises, but the rent was always paid by the firm in which A was a partner. Is it not that the partnership firm becomes a tenant under such circumstances ?

A. A relationship of landlord and tenant is created by contract. Mere payment of rent does not necessarily establish relationship of landlord and tenant. A was found to be the tenant, the fact that a firm made payment of rent on behalf of A who was partner of that firm would not make the firm a tenant.

Q17. I am living in a rented premises with disputed ownership the pay monthly rent to “B’ Is mere acceptance of rent sufficient to make `B’ the landlord?

A. Landlord is the person who has the right to receive rent. Mere acceptance of rent does not make `B’ the landlord unless he has the legal right to receive the rent.

Q18. What is a Standard rent? How is standard rent fixed? When can I make an application for fixation of standard rent?

A. Standard rent is the rent which the land lord is expected to receive from the tenant. Standard rent is only provided if the property is under Rent Control Legislation . Under Section 6 the Standard rent to be fixed. Under the provisions of Delhi Rent Control Act the application for the fixation of Standard Rent Act can be moved within two years of the creation of the tenancy. Delhi Rent Control Act will be applicable only if a the rent is less than Rs. 3,500/-

Q19. I have sub-let the house where I am presently living. Does it constitute a ground for eviction?

A. If the rent is less than Rs. 3,500 then subletting a one of the grounds for eviction u/s 4 ( d) Rent Control Act. If the rent is more than Rs. 3,500 then there is no formal condition agreed upon between the landlord & tenant about the subletting in that eventuality . The landlord has the right to make the lease on account of subletting. Under the termination of lease the landlord has the ground to file a suit for possession.

Q20. I am a tenant under a valid lease agreement. I have not been receiving electricity bills for the meter installed in the premises under my occupation. However, the said meter is in the name of my landlord. Suddenly, one day NDMC officials informed me that my meter is to be disconnected on account on non-payment of bills. Can I seek any relief from the Court as the meter is in the name of my landlord?

A. There is no privity between tenant and the NDMC and as such no relationship could be established between them . It is better to obtain duplicate bills from the NDMC and pay the same to avoid disconnection.

Q21. We are tenant of a house . We have not given rent for the month of March & April we are old tenant since 1994. We don’t have the new agreement & our landlord want us to vacate the house. We are already fighting in the court. Can he take us out without any notice? Can we stay there for longer?

A. You have not specified in your question as to what is the monthly rent of the premises and as to whether the Agreement under which it was taken was in writing and was registered and what was the duration of the tenancy. Further you have also not mentioned about the nature of the litigation pending in the Court. In any event in case the monthly rent is below Rs. 3,500/-, the provisions of Delhi Rent Control Act, would be applicable, wherein you can be evicted only under certain specified grounds which includes not payment of rent , subletting of the premises, bonafide requirement of the landlord etc. In case the monthly rent is above Rs. 3,500/- and agreement is registered (if over one year) then the terms of the lease would prevail. The landlord under such circumstances is liable to serve you with a notice under Section 106 of the Transfer of Property Act giving 15 days time on the expiry of the tenancy month for terminating the tenancy. Thereafter, he has to file a suit for ejectment which will be tried by the Court. The landlord cannot forcibly evict you from the premises and the procedure before the Court will take few years to be decided. The strength of your case can only be told on having details of the case. You should however, pay the rent to the landlord either by sending the same by money-order or by depositing the same in court in the litigation already pending.

Q22. I am a tenant of 2 separate tenements, one shop and one float, but I have only one rent receipt for both. The entire building is now being redeveloped by a private developer who says that since I have only one rent receipt I can get only one tenement viz., a flat of 750 sq. ft. How do I verify the user (residential/non residential)?

A. If you have sufficient proof to establish that two properties, i.e. one shop and one flat, are absolutely separate from each other, then it will be taken as two different properties. This can be proved by way of evidence of various persons who have visited the shop and the flat. As you have stated that there is only one receipt, the question is whether in the receipt two rents are mentioned or a single rent is mentioned ? If two rents are mentioned in a single receipt that by itself is a proof that there are two different properties. If there is single rent mentioned in the rent receipt, then it has to be seen if two properties are anywhere indicated in the receipt, which will help you to prove your case. Further, whether the shop is separable from the residential portion, the same is also a fact to prove that there are two different properties, i.e. a shop and a flat. In your case the different users, itself proves that there are two separate properties and you can always claim compensation for two properties.

Q23. “Sufficient cause”, as required by rent controller for non deposit of rent within statutory period, if shown by the tenant that he could not deposit the same as advocate did not take necessary steps and he later changed the advocate and also informed the controller his willingness to pay the arrears, if no affidavit of the previous advocate was submitted but Rojnama entries do suggest that on 2 previous occasion the advocate was not personally present and tenant himself had to submit the Vakalatnama of his advocate, can the controller rule that tenant has not shown sufficient causes?

A. While construing as to what is a ‘sufficient cause’, the courts normally look into various aspects of the case. The matter is solely at the discretion of the court concerned and if a good cause is shown, the courts normally condone any irregularity or default by a party. It is but obvious that in the situation mentioned by you, the previous advocate who has defaulted in depositing the arrears of rent, would not give his affidavit admitting his default. In such case you should file your own affidavit and further bring the proofs which would show that you had given the amount of arrears to the advocate for being deposited and it was on account of the default of the advocates that the needful could not be done. If the same is done the court would construe the same as a sufficient cause.

Q24. “Sufficient cause” , as required by rent controller for non deposit of rent within statutory period, if shown by the tenant that he could not deposit the same on medical ground i.e. suffering slip disc and submits also medical certificate from Government hospital and also from specialist private doctor, can the rent controller reject the certificates outright as the tenant was personally present in the court on prior occasion to file Vakalatnama of advocate where the matter was adjourned to a further date, although the tenant has pleaded that he was present in the court disregarding medical advise and with great difficulty as his advocate was not present in the court on that day?

A. The ground mentioned by you in the query for being construed as a sufficient cause, may not hold good before the court. The same might be rejected on the ground that if you are unwell, some other person could have been deputed by you to deposit the arrears or to engage an advocate to do the needful. The medical certificate may just help you to seek condonation of delay in depositing the arrears only for a few days, but not for any longer time. Further, if the tenant was present in the court and the order was passed and the tenant was aware of the same, it is immaterial that he was present there against the medical advice. If he could be present to attend the hearing, there can be no justification for not depositing the arrears on the said date.

Q25. We had given one floor of our house on rental basis for two years. Our tenant had neither given rent from past one & half years nor he is willing to vacate it. Now tenancy time of 2 years is going to over in this month. We had also made a simple agreement on affidavit witnessed by property dealer BUT NOT A LEGAL ONE BY COURT. WHAT SHOULD I PROCEED ?

A. You should issue legal notice to the tenant for the non payment of rent and also terminate the tenancy by way of notice, which should be of 15 days expiring at the end of the tenancy month. After the expiry of notice period, if the rent is more than Rs. 3,500/- p.m. you can file the suit for recovery of possession along with arrears of rent. You can also file an application for deposit of future rent in the court, If the rent is below Rs. 3,500/- p.m., you can file the petition for eviction on non payment of rent. If it is a newly constructed property and the letting is first letting then you can file the suit for possession irrespective of rate of rent. In such a case the Rent Act is not applicable.

Q26. During pendency of eviction proceedings if there are arrears of rent should the controller direct the tenant to pay such arrears if the tenant wants to contest further proceedings?

A. If the eviction petition is on the ground of non payment of rent then the Rent Controller is under duty to pass an order for deposit of rent u/s 15 (1) of Delhi Rent Control Act. If the eviction petition is on any other ground then you have to make an application under Section 15 (2) of Delhi Rent Control Act for direction to the tenant to deposit the rent. If no rent is deposited as per order of the court, the court has the right to strike off the defense of the tenant.

Q27. What do the term “sufficient cause” and bonafide payment mean?

A. The term “sufficient cause” means a good and reasonable cause which will satisfy the court about the conduct of a person being genuine and “bonafide payment” means payment tendered genuinely and in good faith generally with the actual belief that the person to whom payment is being made is the actual owner or has valid right and title tot the particular thing/property.

Q28. What are the grounds on which delay can be condoned for non deposit of rent within the statutory time?

A. As such there are no written grounds for condonation of delay for deposit of rent. U/Sec, 15(7) of Delhi Rent Control Act., “Sufficient Cause” is the only ground which further depends from to facts of the case and the Court may if convinced, condone such delay.

Q29. What should I do to make sure that if I rent my property to someone, as to make it safe. The rent would be around Rs.15,000/- per month.

A. The Delhi Rent Control Act, 1988 was primarily in acted to safeguard the interest of the tenant . However after the amendment made in the Delhi Rent Control Act, in the 1988 the provisions was made that in case the tenancy is over Rs. 3,500/-, the provisions of the Delhi Rent Control Act, 1958 would not to be applicable. In the eventuality the person is governed by the normal loss relating to the contract between the party and in a tenancy said law is defined under the Transfer of Property Act. There can be no provision or term in a lease deed which can secured you 100%. However the violating of the property if the would be appropriating better if the rent is kept above Rs. 3,500/-, so that the tenant is not entitled to the protection under Delhi Rent Control Act. If the lease is to be executed for a more than a period, the same is bound under law to be register under Indian Registration Act. and if your are executing a lease over one year you should get the register otherwise the terms of the lease cannot be led as evidence in the court . Even if you write all the request terms, the tenant can still refused to vacant at the end of the tenancy in which eventuality you will have no option but to proceed to the court for eviction of the tenant which normally take a few years, however the precaution which can be taken if that is a good amount can be kept as security and further a clause should be incorporated in lease deed specifying a huge amount as damages in the even talk the tenant willing to vacate the premises.

Q30. If premises are rented to a partnership firm and subsequently the firm is dissolved and the 2 partners continue to occupy the premises for their individual businesses, if the landlord files eviction proceedings against only 1 partner and manages to get a decree of eviction, is the other person also bound by that decree and in case he is not can he obtain a stay from the executing court or what are the other options for him?

A. If the decree is against the one partner then the partner who had been left, has the right to be heard and he may get the stay from the executing court. In your case if the landlord had made the firm also a party and there is a decree against the firm in that case the decree against the firm means decree against all the partners.

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About the Author

- Vakilno1 is a group of Law Enthusiasts and Legal Experts in India with a passion to provide the latest info and articles on Indian Legal System

Displaying 198 Comments
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  1. sachin bhalla says:

    sir i have increased my rent from 375 to3000 now the owner dosent allow me to do construction and is playing with our feelings and now says he will give a receipt of 3000 instead of 1200 and 1800 which we decided in mutually.please hepl me my mob no 8924021892.my father died vand i am a dentist at kanpur

  2. K M PATEL says:

    Dear Sir,
    I ‘A2′ is elder grandson of my Grandfather
    In the year 1960 my grandfather purchase 350sq.ft room in chawl in style (As Pagadi Type) but the purchase document we don’t have, My Grandfather have to wife First Wife died in 1977 having 2children , son ‘A'(Died 2004) and daughter’B'(Died 1998) And Second wife(Live) ‘C’ have 4child Son’D'(Live),Son’E'(died 2007), Son’F'(died 2005), Daughter ‘G'(live)
    My Grandfather Died in 1990 and left behind legal heirs are as follows
    Son’A’ Wife as ‘A1′ have 3son ‘A2”A3”A4′
    Daughter’B’

    Grandfather Second Wife(Live)’C’
    Son’D’ Live and Daughter ‘G’ Live
    Son’E’ Wife live ‘E1′ Has 3child Son-E2, daughter E3, Daughter-E4
    Son’F’ wife live ‘F1′ has 2son Son-F2 , Son-F3

    As per my ‘A2′ know, till 2004 and the above said room was said to be in my Grandfather name only.
    In Ration Card 2004 my grandfather name was as the head of family. As after the death of My grandfather we all joint family shifted to another places with as joint family understanding.
    My Step Grandmother”C’ and Uncle (son’D’)with his family used to stay at said room till 2009.
    From 1994 My Step uncle and Owner of Chawl had not Call upon to any above family member , without concern to any of the above family member the Chawl owner had transfer the said room in favour of SON’D’ only . As no one was aware about it till 2009
    In 2008 Son’D’ has also not made any information nor aware to all my grandfather’s legal hiers about Complete Chawl has been gone for the building developers as per rules by SRA ( The Chawl been declare as SLUM AREA.
    Till 2009 we were all family member have good relations even we were not knowning about Son’D’ will do breach of Cheating and Trust. Even Mumbai Airport Police had not taken any action against the developer and my Uncle Son’D’
    As we all been in Category as ‘SCHEDULE TRIBES’

    We all the heirs of deceases of Grandfather left behind as below
    A1’A2,A3,A4 , C,D,E1,E2,E3,E4,F1,F2,F3,G

    Only ‘C’,D had sale the property and went to else place Developer had broken our Said room

    Pls guide us for our legal share as been joint family tenancy

    Thanking You
    As ‘GRANDSON ‘A’

  3. sam says:

    Sir my father was tentant he gave a house to other person for 3 year term but there was no agreement between them and at present my father has owner of that house but that person not leave my house so what procedure may adopt by my father

  4. M F khan says:

    I am a tenant of a temporary shop (not pakka shop) allotted to kashmiri migrants in new delhi with the rent of 10000/-. I am there for 3.5 years, every year my rent is increased by 10%. I pay on time but now landlord has become greedy, without any reason, he wants it to be vacated. However no paper work was done, there is no agreement deed or lease etc. also the landlord is not the actual master of shop. The actual landlord as i heard does not lives in delhi and he gave the shop to this present man, everything between them is verbal. Please suggest me about my rights, what can i do if he ask me to vacate which he often does.

  5. Jastej Singh says:

    what you can do is to file a suit for permanent injunction restraining the landlord from interfering in your peaceful possession.

  6. jagdish chandra says:

    I JAGDISH CHANDRA LEAVE IN 19/92 BHASKER BHAVAN FOR LAST TWENTY YEARS BUT I NOT PAY ANY RENT FOR THE SAID PROPERTY AND ALSO I DONT HAVE ANY DOCUMENT RELATED TO THE LEASE/RENT/OWNER OF THIS PROPERTY . THERE IS A MATTER IN THE COURT BETWEEN TWO PERSON FOR THE OWNER SHIP OF THE PROPERTY .IS THERE HAS RIGHT TO GIVE US NOTICE FOR VACENT THE LAND

  7. Jastej Singh says:

    rent laws are managed by local rent Acts as made by the local State Government. One has to go through that specific rent act in order to give you the right suggestion. Otherwise it all depends upon the facts and circumstances of the case.

  8. Jastej S (Team Vakilno1) says:

    your query is not clear. Sometimes you say that your father was a tenant and sometimes you say that he is the owner.

  9. Ashwin Roy says:

    Hi, I am staying in Mohali(Punjab).I am staying at house since last 11 months and now Landlord asked to vacate the house. But I don’t want to because of shifting price after every 11 months effect me financially. There is no written contract between me and landlord. Can i ask stay and pay rent as usual without any hassle.

    Thanks
    Ashwin Roy

  10. Jastej S (Team Vakilno1) says:

    The answer to your query needs a full fledged perusal of the laws governing the place where you are situated as also the facts and circumstances mentioned by you.

  11. MSM says:

    We rented a house ( Tamil Nadu ) since last April for 5000 Rs. There was no agreement in written but we agreed orally that there will be a 3 months notice for vacation. 20 days back the owner said that he is going to increase the rent to 8000 Rs and we started looking for other house to shift. In the mean time the owner received an advance of 10000 Rs from another person, now we are willing to continue in the same house and negotiated with the owner and he agreed for 7000 Rs. But the guy who paid the advance is threatening the owner saying that he needs 50000 Rs as compensation and the owner again started pressuring us to vacate immediately. What are the legal options available for us?

  12. divya yadav says:

    hello,
    We decided to shift to a new room in delhi, indravihaar. There we paid 5000rs as advanced so that our room in booked and we told the landlady that we will shift in 2-3 days but then after3 days we are not comfortable shifting there because we don’t find it safe. But then is it possible that we can get our 5000rs back. Because this amount is big. As far i know these rooms on rent are unregisitered which means income from rent they do not pay tax to government.
    Please suggest something. Can we take help of pilice in this case. Becoause one of my friend did the same and got her money back.
    Reply asap. Tomorrow I am suppose to take the decision.

  13. virender says:

    Dear Sir, I filed an eviction petition u/s 14(1) (a) for non payment of rent,15(1) order was pronounced and after that on 30.10.2010 order 15(1) modified and instructed to tenant to deposit the arrears of rent with in one month. Tenant did not deposit the rent in one month and filed an application before the rent controller to allow her to deposit the rent and extend the time. R.C. allowed it then tenant deposit Rs. 143280.00. but there was calculation mistake occured and Rs. 13165 was in difference. Again R.C.allowed her to deposit the difference amount of Rs.13165 and ask the landlord to give bank account number to tenant and gave protection u/s 14(2). I filed an appeal before ARCT, and it was remanded back to rent controller, Rent controller allowed the petition and pronounced eviction order with remarks that R.C. has no power to delay the condone.

    Then tenant made an appeal before ARCT with the citation of Ram Murti v/s Bhola nath S.C. 1984 and again it was remanded back to R.C. for 02.05.2013 for appearance before R.C.

    Now my pray is that there is any possibility of eviction order in favour of myself (landlord) under section 14(1)(a).
    With reagards
    virender singh gusain

  14. orignal landlord died and his wife also died and thier daughter is married and son is working in private bank with a salary of 65000/per month , since during his father was alive. near by 11 years ago. in this case what happens, can his son shows his bonafied necessity….

  15. Love Sharma says:

    Dear Sir,
    We have a commercial property in Haryana, There are 6 shops in front and around 200sqft plot is behind those shop.My grandfather rented those shops only at rs. 35 in the year 1968,1)Now the main tenant has died and ther son are tenant of those property without any agreement.and till date they are paying only rs.35 per month. My father is a very simple and honest man. Whenever he asked tenants to increase the rent they all deny and whnever my father asked them to empty the shops they deny for that also.2)Is it possible that after the death of main tenant his son can occupy the shops without any written agreement.Pls suggest as we have no idea how to get back our property. We have plan to make commercial complex in that premises but the tenant are not giving us property to build anything there. Pls suggest what should we do there.with 2 of the tennt we have rent agreement but it was also not renewed and with rest of all we do not have any agrement.and that property is also on my grandfather’s name.Pls help.

  16. Jastej S (Team Vakilno1) says:

    After the death of tenant, his/her son etc can occupy the said property as a tenant only. If you want to build a commercial complex, you can file an ejectment petition before the rent controller on the grounds of personal necessity and thus can seek their ejectment.

  17. Jastej S (Team Vakilno1) says:

    it all depends on the facts and circumstances pleaded by you.

  18. Ved Prakash says:

    Our father took on rent a premises in ndmc area for commercial purpose. At the time of his death the rent of the premises was rs . 400/- per month.. After his death my two brothers and one nephew got the rent receipt issued in their name and continue to pay rent rs.6000/- per month without taking me and my other sisters into confidence. Now they are ready to surrender the possession of the premises to the landlord informing us that an eviction degree has been passed against them and they can appeal against this order only if they deposit half of the amount of mesne profits and damages claimed by the landlord which comes to rs.40,00,000/-. In this case can I and my sisters become a party and request for stay as we are also the legal heirs of our father to inherit the tenancy. Whether our case is not time barred. Please comment.

  19. Jastej S (Team Vakilno1) says:

    if you have been proceeded ex-parte in the case then court might not listen to you. There are other factors that have to be taken into account, such as your objections to the issuing of the rent receipts by your brother or to his exclusive possession.

  20. md salim says:

    My landlord has disconnected my water connection and not receiving rent. my land lord filed a case for fair rent but that was dismissed for default. Can the water line can be restored as soon as possible under the law.

  21. Jastej S (Team Vakilno1) says:

    Generally there is a provision in the local rent law for the restoration of the basic amenities where the same has been interrupted by the landlord. every state has different rent laws.

  22. Jastej S (Team Vakilno1) says:

    Rent laws are generally governed by the Local Rent laws. As such you can deposit the rent in court or you can pay him vide a cheque. So far as construction is concerned, local rent laws can be checked.

  23. Amit says:

    My tenant is handicap(hearing impaired )not vacating my permises .Is there any provision how to vacate it from them.
    Is it possible to vacate permises from handicap person.I am having bonafied requirement for opening computer institute .please help

  24. Jastej S (Team Vakilno1) says:

    Generally, the law does not give any kind of extra importance to a tenant if any of his organ is impaired. If you have a bona-fide personal necessity and the same is recognized by the local rent law (as applicable to your area/state) then you have a good case. If the local rent law does not gives any importance to impairment or such other hardship of the tenant, then Courts will also not not give any undue importance to it.

  25. one partner of the tenanted shop committed to vacate the shop otherwise he will pay the enhanced rent Is it legally valid committment

  26. Jastej S (Team Vakilno1) says:

    Facts mentioned by you are a bit sketchy.

  27. ramkumar says:

    in 1992 when new reigestry is maded on that time (amine)is chenged the khasra no: and not notice to me the khasra no:is changed to my neighbour and my land is cheper than him so he did not want to crection of this case and he also take lone on my land so how can crection of this and how can transfore lone frome my land to my neighbour give me suggistan.thankyou frome ramkumar and give suggistion as soon as .

  28. Jastej S (Team Vakilno1) says:

    you should apply for the correction to the Collector. In case if he refuses then you shall have to file a civil suit for declaration.

  29. vineet sinha says:

    sir,
    my client is a doctor and he wanted install an ac in his rented house but landlord did not permitted him. so please tell me how to write a legal notice for landlord.

  30. vineet sinha says:

    sir ,
    mere client ek aachey doctor hai aur wo apney rented house main ac lagwana chatey hai but landlord uney ac laganey ki permission nahi de raha hai usney rent agreement bhi renew nahi karaya hai na to wo mere client ko naya meter lagney de raha hai aur na hi apney meter ka kwa badwa raha hai mere client ki jaan se marney ki dhamki bhi de raha hai mujey please yeh bata dijiye ki main usko legal notice kis tarah bhejun give me suggestion as soon as.

  31. Jastej S (Team Vakilno1) says:

    Legal notices can be prepared only in a customized manner. Certain important details are needed and only then the same can be prepared.

  32. deepurple says:

    Hello,
    We are staying in a house in Kolkata for last 45 years, now the landlord wants to redevelope the old house, and the builders wants us to pay construction cost for the portion, is it legal. Please advise as I think it should be free of cost as after 45 years of tenancy we are as good as an occupier.
    Regards.

  33. Jastej S (Team Vakilno1) says:

    rent laws are governed by the local laws of the place where one is residing. However, generally where the renovation takes place on the asking of the landlord and subject to any agreement between the landlord and tenant, the renovation costs are not to be paid by the tenant.

  34. sir.mere dada grandfather ne ek shop rent par liya tha.phir papa shop par baithne lage.rent bhi hamesha time par dia.ab main shop par baith raha hoon.par ab shop ko renovation ki jarorat hai.jaise barish me pani chuta hai.shuttrr lagwana hai etc. so kindly suggest me the ways how can I renovate the shop rented for almost 60 years.we don’t have any other shop for our livelyhood.please help. anshul 9919535666

  35. Jastej S (Team Vakilno1) says:

    Rent laws are generally governed by the local laws i.e. almost in every State of India, local rent laws have been drafted and enforced. For ex: In Punjab it is East Punjab Rent Restriction Act. These local laws provide for sufficient safeguards to protect the interest of tenants. They also contain provision regarding renovation and construction. The State in which your shop is situated will govern the law applicable to you. In terms of that legislation, you may make an application to the Court for allowing of the renovation.

  36. anshul jaiswal says:

    thank u sir.we are located in gorakhpur u.p. .and please specify the whole procedure.the landlord died somedays back.so to whom we should give the rent.

  37. diti kar says:

    my late grand fathers commercial place is an rented under the name of two brothers of which my grand father has died.the landlord without our notice has erased his name from the rent receipt for which my father is the only payer.we have sent the land lord a letter for inclusion of name of the legal heir but she is not accepting. please advice.

  38. Jastej S (Team Vakilno1) says:

    Tenancy laws are regulated from State to State and every State has separate laws in this respect. Generally, the tenancy is hereditary and the landlord must include the name of your father in place of the name of your grandfather.

  39. Jastej S (Team Vakilno1) says:

    The rent should now be paid to the legal heirs of the deceased tenant. If there is any doubt regarding the person who is entitled to the rent, then you can deposit the rent in Court as well. If you are going to pay the rent to any of the legal heirs, make sure you take a receipt in this regard or make payment through a cheque.

  40. Mukund Kini says:

    I am staying in a Co-op Hsg Society consisting of about 35 plots leased for 99 years to its members, the said members have constructed buildings on their respective plots and given the flats on rent since 1963.I am staying in one of the flats in this building and the Maharashtra Rent control Act is applicable.
    The lessee of my plot have constructed another building in 1997 appurtenant to our existing building and sold the flats on ownership basis.
    Is this kind of situation permissible where 1 half of the building is tenants and the other half is ownership ?
    If not permissible under which Law, it is prohibited ?

  41. Mukund Kini says:

    Dear Sir,

    My landlady who was a member of a Co-op. Hsg. soc. died intestate in 2007 and currently I am paying rent to her daughter who is the sole surviving Legal heir, but the Co-op Hsg soc is not admitting her as the member and asked her to obtain Succession Certificate from Hon’ble Bombay High Court.

    In case of a sole surviving Legal Heir is the succession certificate mandatory or the society can admit her as a member without the same?

    If the answer is yes, I will be highly obliged if you can reply citing some case laws in this matter.

  42. Sir.
    My mother is a lessee in a wakf property in Kolkata. The lease is a registered one and for 99 yrs. 45 yrs. passed by. No. rent is due upto Dec 2012. Suddenly Mutawali denies to receive rents. We have remitted rents for Jan to Mar ’13 it by money order. it was returned with the postal endorsement “Refused”. We reported the facts in written to the Chairperson of Board of wakfs, WB. Now I want to know, is there any provision in RENT CONTROL ACT which allows deposit of LEASE RENTS there?

  43. Jastej S (Team Vakilno1) says:

    Wakf properties are sometimes handled by the Wakf Act. However, each and every State has its own rent Act. These rent acts vary in their provisions from State to State. These rent acts in most of the cases contains provisions for deposit of rent in Court.

  44. Kwh says:

    Case History:
    My grandfather held tenancy of a room in Mumbai since 1940. He had a wife with two sons and two daughters (one of which was my mother). Subsequently, he along with the wife (my grandmother) and the two daughters have expired. The two sons (my uncles) are alive.
    My mother (when alive) along with my sister and me (my father expired) lived in this room along with my uncles from 1970 onwards and all our names are on the ration card.
    Thereafter in 1977 one of the uncles got married and moved out and resides elsewhere in Mumbai with his own family.
    In 2006 my sister too, moved out and subsequently got married and lives elsewhere.
    As mentioned earlier, my mother too expired in 2010, and thus currently only my one uncle and me are occupying the said room. ( I remain unmarried till date).
    Earlier, the landlord had been accepting rent but was demanding a high sum of money to transfer the tenancy and so the rent receipt till …………. was being issued in the name of my late grandfather. Thereafter, he stopped collecting rent from us (my uncle and me) saying that the other uncle (who is not living with us) had objected and raised a claim on the tenancy. We tried paying by money order and by cheque thru registered post but it is being returned as unclaimed.
    I also sent him a letter thru an advocate which remains unanswered.
    Query:
    1. This being tenanted property can my uncle and sister (who have moved out and live elsewhere) also claim a right or object to the tenancy being transferred on to my/our names ( the uncle living with me and myself).
    2. My understanding is that only the current occupants are entitled to this tenancy? But if that is incorrect, then who all are entitled to any ‘share’ and how much since I have been singly meeting with all repair costs, etc from 1977?
    3. My uncle with whom I am now living is quite senior now and hence is not interested in pursuing on the transfer but I am very keen since I have spent a great deal of money on the repairs, etc and wish to protect my tenancy claim. How do I move in this matter since my other uncle/sister is objecting but not ready to share in costs of maintaining the tenanted room?

    Would appreciate if you can recommend us a reliable advocate in Mumbai who specializes in these cases.

  45. Jastej S (Team Vakilno1) says:

    tenancy is heritable and therefore, your uncle and sister can also claim a right in it. It is equally pertinent to mention herein that tenancy laws are governed by the local rent laws which vary from state to state. You must consult the local rent law applicable to your place. So far as the amount spent by you on the repairs etc. of the house is concerned, you can claim the same from other legal heirs. If your landlord is not accepting the rent then you can deposit the same in the Court.

  46. Mrs. Rege says:

    I have been paying rent for last 11 years for a Garage which my husband purchased 15 years back. After his demise I have been requesting the Society to send the Rent Bill in my name(It is still issued in the name of the previous renter). I have also submitted ‘no objection’ certificate from the previous renter. However I don’t have a copy of the certificate. The Society has asked me to pay cash to get the name changed.
    Please send me the relative tenancy agreement .
    Please also let me know the benefits and requirements for being a owner of the Garage & member of the Society.
    Mrs. V.S.Rege

  47. Jastej S (Team Vakilno1) says:

    your query can be answered only in a customized manner and for which the documents pertaining to the Society also would be needed.

  48. kwh says:

    Thank you for the quick response. Much appreciated.

  49. ANKIT SHAH says:

    i am leaving at rental house from last 40 years @ rent of rs.90 per month , before a year from our religious federation they gave us a house @ nominal value but not giving to any one as rental & we are not becoming owner for next 15 years.after this matter our landloard asking me for giving rent @ rs. 1500 per month .is this legal or not ?please give me a legal advice for that urgently. all the documents of our are on old name of houses (i.e, ration card, bank proof , rent agreement )

  50. ANKIT SHAH says:

    further they dont give us reciept for rent,

  51. Jastej S (Team Vakilno1) says:

    Each and every state has its own Rent Act and the premises of a person/tenant/landlord are governed by the rent act governing that place. As such generally, unless and until there is provision in the statute or in the agreement, no landlord can force you to increase the rent. If the landlord is not giving you the receipt, then you can pay the same by way of cheque, draft, etc or you can also deposit the rent in court.

  52. ANKIT SHAH says:

    thank you sir, but we havent reciept for rent since last 10 years eventhough we gave them in cash , due to non exsisting my father & my grand father . my grand mother & my mother take care of us ( 3 children ) . our landloard ask us THAT you have your house which given by your religious federation .

  53. ANKIT SHAH says:

    can i deposited the rent amount in court without giving receipt to court on bases of rent agreement.

  54. Jastej S (Team Vakilno1) says:

    Yes you can deposit the rent in Court. Rest, mainly the Rent Act of your State have to be perused.

  55. kl says:

    My mother has a property in delhi which is built in 350 sq.yds.
    On the Ground floor, in the front, 6 shops are built and rest area was rented out to a play school.
    1 & 2 floor are for residential use and are self occupied.

    we are 6 members in a family, mother is widow and gets pention, elder sister was working earlier but is not working currently and another sister is uneducated and not working and i am married and working for multinational company, my wife is home maker and i have a small kid (11 months)
    of 6 shops, 2 shops are occupied by old tenants, who have refused to vacate the shops and 1 tenant is not paying the rent for past 7-8 months.
    Please note- no agreement was executed with these tenants in their entire tenure(30 Years)

    we have also noticed that, of two tenants, one has sublet the property to the person who is in his relation. The original tenant has not been sighted in the shop for last 1 year.

    The rent of both these shop is under INR 3500/-

    we have filed a suit under bonafide requirement as my wife wants to start some work (tuition center)

    Please extend your help and tell if we can do some more to make our case very strong and can get the shops back in our custody.

    Regards,

  56. Jastej S (Team Vakilno1) says:

    There is no need to worry as such. Nowadays the Courts are very sympathetic to the cause and need of the landlord. Rest all depends on the facts and circumstances as pleaded by you and your advocate. As such, the rent laws vary from State to State and for any further query the rent act as applicable to your place is needed to be perused. There are many factors/reasons on which eviction petition can be filed and usually in most of the rent acts sub-letting is given as one of the grounds for eviction. So you can add a ground of sub-letting as well. But if you have already filed a case then might have to seek amendment of the petition.

  57. xyz-Delhi says:

    Sir , My father was staying in the rented property .Which has stay on it and mutation was wrong as my father was lawyer , landlord never came to serve us notice as my father new he is not the owner .I m from Delhi , now after my father demise , he is harassing us mentally .Roof is in bad shape in rainy season it seeps and I m going through my divorce .My mother has no source of income .From last 20 yrs no rent has been paid and no agrement is there .What can we do , to get the roof repair .Can he evict us ?

  58. Jastej S (Team Vakilno1) says:

    Mostly every State in India has its own rent act and the rented accommodation is governed by the rent act of that place. Usually, in these rent acts, provisions are given for the repair of the accommodation.

  59. sangeetha says:

    tenant used more power..so the amount of security deposit has also incrsed.then who wil pay for the extra…..the amount is non refundable only.if they use the normal amount …i wil pay the basic tariff.how i wil know that the tenant used more..then who wil the pay the dposit?

  60. xyz-Delhi says:

    As I said earier , no rent has been paid since yrs , how can I get the roof repair..I m from Delhi .

  61. Jastej S (Team Vakilno1) says:

    you can deposit the rent in court and send it through demand draft or cheque

  62. Jastej S (Team Vakilno1) says:

    Kindly, explain your query in detail.

  63. Renuka says:

    Hello Sir,we have 1 tenant widow lady with his son and his family,they are staying at our place from 40-42 years.We dont have any agreement.but now we need money urgently but they are not ready to leave our house.We are ready to pay some amount but they are asking for almost 25% of total amount of house.What laws or act can help us??

  64. Renuka says:

    And sir i am from Ahmedabad,Gujarat.So please let us know any law or act can help us..

  65. Jastej S (Team Vakilno1) says:

    Almost every State in India has its own rent act which governs the relationship between a landlord and a tenant. The rent act as prevalent in your state will govern your relationship with your tenant. Certain grounds are mentioned in these rent acts with the help of which you can make a petition in court to evict the tenant.

  66. vivek saxena says:

    Hello sir, we have a tenant in ghaziabad u.p in my shop from last 18 years and this time we wish our property vacant from those tanants so plz give us your best advice , we have an agreement with them but from last 4 year we do not renew that agreement with them , plz also tell us, old time rent act is applicable on them or not & whats the legal procedure for getting our property back.
    Thanks & Regards
    vivek saxena

  67. Jastej S (Team Vakilno1) says:

    Almost every State in India has its own rent act. Your relationship with the tenant will be governed by the rent act as applicable to your place. In these rent acts, some grounds are mentioned, on the basis of which you can seek the eviction of the tenant.

  68. shashank says:

    i am working in a shop for last 12 years but the receipt of tenancy is on my uncle’s name while in 2002 my uncle signed a agreement with me to work with him on a 10 rupee notarized stamp paper that in future i will submit your name in receipt with me but now he is denied what should i do?

  69. Jastej S (Team Vakilno1) says:

    Rent laws are governed by the place in which the tenanted premises are situated. Every state has its own rent act. Otherwise, tenancy is heritable. Unilateral signs by your uncle in your favor to make you as the tenant, without taking permission from the landlord will not confer any right on you to be substituted as a tenant in his place.

  70. Rajesh says:

    Sir,
    Lower court dismissed a suit filed by one of the co owners on the ground that DRC Act is applicable. First appeal filed by same co owner was allowed and i was made a licensee and told to evict. I am filing 2 nd appeal. There is a suit of partition pending between the co owners. So can one of the co owners file a suit for eviction specially when it is on record that rent was being paid to the other co owner also what when one co owner says i was paying him rent can i be treated as a licensee ?

  71. Jastej S (Team Vakilno1) says:

    Candidly speaking, it all depends upon the facts and circumstances pleaded by you in the case. Speculating a answer from this side is not advisable. There are different consideration for treating a person as a licensee or a tenant. The pleadings in your case have to be perused. Though, the facts as narrated by you gives a clear discretion to the Court to give the decision which it thinks fit. If one co-owner gives the evidence in your favor, then the other co-owner must have pleaded that the former is hostile towards the latter and therefore, giving adverse evidence.

  72. Atul Gupta says:

    My Mother has a property which she letout to a person for runnning a school in it. We have registered the lease deed under TP act with paying suitable stamp duty with thumb impressions of tenant and my mother . As per agreement we have put a clause to increase rent 10% every year which tenant is paying for last 2 years but this year he did not increase the rent and said that since he has done some civil work in the premises , I am adjusting the amount towards the expenses . He has dn the civil work as per his requirement without taken permission frm us and it was not very much required too. Please suggest

  73. Jastej S (Team Vakilno1) says:

    Even if you enter into a agreement under the TP Act, that will not subdue the provision of the Rent Act. The premises will be governed either by the TPA or the Rent Act. If the premises are governed by the TPA then you shall have to file a civil suit for recovery of the increased amount and if the premises are governed by the rent act then you can claim the arrears of rent therein.

  74. vijay goel says:

    i am owner bulding ilet out one portion with power sublet 11 month he pay rent 7month i field case he paid partly rent assesment he sub let the pormisses and cabion and he field case agast the sublet porsen nessety he is my old sub leti court oder agant vicant the oder aganst seb leti in faferof tanet my. may case is panding this is crooet

  75. shailesh p r says:

    hi sir this is shailesh.i running a shop from past 20yrs which is rented & located in karnataka.sir i am paying rent every month projperly.just from 2yrs my buisness is come to stand,but my landlord is senior citizen and his wife is torchure daily to vacante the shop.but how can i vacante the shop when is just stand my business.now she given me legal notice from a legal advisor.sir please guide me.

  76. Peter says:

    Hi Sir,

    I live in Tamilnadu and I’m the owner of the property. Myself and Tenant agreed for 22 months for Rs 5,000 p/month rent and no rental increase in this period. This July 13 rental agreement expires. I told tenant that I’m going to increase the rent to 6,000/- with one year agreemnt. He is Ok for the rent, however mentioned he will vacate when he get new house and not ready to sign agreement.
    1) How to handle this situation.
    2) Is that allowed to tenatnt someone without agreement,does not create any problem in coming months.

    Thx
    Peter

  77. Jastej S (Team Vakilno1) says:

    You must get the agreement signed by the tenant. If he does not sign the agreement then you can ask him to vacate the property. The grounds on which you can ask the tenant to vacate the property depends upon the place of tenancy as the tenancy laws vary from state to state.

  78. Jastej S (Team Vakilno1) says:

    Every State in India has its own Rent act and the relationship of the tenant and landlord is governed either by the Transfer of property act or that Rent Act. There is no need to be afraid, if you fear that the landlord will forcibly try to vacate the premises, then you can file a civil suit for injunction against him.

  79. harish kumar says:

    i had rented out my 3 bhk builder floor in the month of June-2011 vide registered Lease-rent deed upto 1 year. now the tenant is not paying me rent & arrears i.e. electricity & water bills for the last 2-3 months. He said u have not legal agreement,as the last one has been expired in the year 2012.He is also not vacating my flat.Now What should i do to vacant my flat.

  80. Asha, Delhi says:

    Hi Sir,
    I live in Delhi, and i rented out my property i.e. 3BHK Flat in the Month of June-2011 with the Registered Lease-Rent with Article 35(i)for the period of One year. On completion of the tenure of one year, i have not make a new Lease-rent agreement. The tenant is yet residing in my property. for the last 2-3 months he is not paying me Rent as well as arrears i.e. electricity & water bill, which have not been paid for the last 4 months. When i said to vacant my premises, he said u have not legal agreement. Help me How can i vacant my premises from my tenant. Reply me as early as possible.

  81. vivek says:

    Respected sir,
    My father is old man and he had given one shop on rent of the building on which the
    Rent control act is not applicable and a notice was issued to him terminating his tenancy as he had not deposited rent for last twelve and half years. Is there any ruling that we can get it vacated through the police station because cases in india go for too long. Can we get our shop back at the earliest.
    Thanks and regards
    Vivek

  82. Charanjeet says:

    Dear Sir,
    My name is Charanjeet Singh, resident of INDIA.
    2 months before i received a fraud call from one of the insurance company with name and fame in india ( i.e LIC) i already had policies with them .

    One of the person called me saying that i am from LIC and we are issuing some bonus cheques from LIC insurance provided you buy 2 policies of RELIANCE insurance ( some other insurance compnay )else you wont get the benefit.

    my father is handicapped and senior citizen , i had saved some money to get his treatment done which i invested with this fraud LIC agent call and invested this money on RELIANCE insurance of USD 2000/- now RELIANCE company received my email and agreed that i was fraud done on you.

    I want to know if they (RELIANCE) gives me full money of USD 2000/-, how much more i can claim for doing fraud with me and keeping my investment in their company for 2 months and what is the best procedure.

  83. Dear Sir, I have given one portion from my property ( 500 sq feets) on rent which is used as a small scale sized factory.
    The tenant is 15-20 years old any as of now the rent which he pays is Rs.4000. There is no agreement for the contract and it was just give like that in older times by my father. He has also taken electricity connection in his name. After he passes away the tenant is arguing on account to get the property maintained by us as it is not in good condition. Please suggest, how we can get the property vacated, as we do not have any papers of rent agreement, also who is supposed to maintain the repair & damages.

  84. dear sir , i had a tenant in one of my room in my property , he came to me with some reference and in good faith i kept him without any aggrement , for some months he paid the rent taht was 4000/= pm since last dec 2012 he stopped paying me rent and tells me that i will pay as early as possible , in jan he told that i am ill and can pay rent in partly i aggreed to him , then he send me a money order of 1000/= which was recieved by my mother who is illerate . sunddenly he send me a notice from the court u/s 39 foe getting stay . he also submitted the money order copy that the rent is only 1000/= , and lodged a case at the police station that we are fighting with which is never true,can i get justice from the court as i am a honest man and always helped everybody . can i be protected from this petition and if yes what all are the grounds on which i a can assure justice from the court . can i file a case against him for my real rent as in that commercial building the rent rate is 5000/ –10000/– pm , if yes what are the grounds , if he has got a stay from the court can i ask him to evict on any other ground , how can i get rid of that man please help me i shall be thankful to u

  85. sir , i live in karol bagh and running a shop since 1947 my landlord is a permanenet reident of australia he often vists india . our rent is 1000/ pm now he has suddenly framed a notice against us for bonafide requirement that when i come to india i have no place except my sisters houses , is their no protectio for the tenant and his families who are filly dependent on the shop all of them will come on the road if such happens . landlaord are taking the benefits of bonafide even when thay donot require it , is their no law for the rights of the the tenant and his families , is the the court so rigid on this front . then where is the justice , please tell me some protection points for the tenants because justice should be done to every human being and citizen of india .is their some section under which tenants rights are protected . all
    bonafide require the property for selling purposes , why th e actual and fair tenant no seen by the court , this means thier is no justice , what all steps should we take to protect ourselves from this problems please help us out ishall be thankful to u

  86. dipesh says:

    sir. my friend say me that, anyone will be owner of tenant house in 6years by rule of law…
    Is it true????
    if yes, how ?? which act will be apply???

  87. Jastej S (Team Vakilno1) says:

    Your query is very sketchy. Kindly explain it more.

  88. Jastej S (Team Vakilno1) says:

    See, the Rent Control Acts were basically meant for this purpose only so that that the landlord should not be allowed to evict the tenants forcibly. As per the Rent Acts, the tenant could be evicted from the demised premises only and only if the landlord fulfills the requirements of the Rent Act. So this acts as a deterrent for the landlord and as a protection for the tenant. Had it not been for these Rent Acts, the landlord could have dictated many unreasonable terms from the tenants. Every State has its own rent act and the place where the tenanted premises are located is governed by the local rent act of that place.

  89. Jastej S (Team Vakilno1) says:

    Every State has its own rent act and the place where the tenanted premises are located is governed by the local rent act of that place. As per the Rent Acts, the tenant could be evicted from the demised premises only and only if the landlord fulfills the requirements of the Rent Act. If the actual rent decided between you and your tenant was Rs. 4000/- and he has not paid the same, then you can file a case under the applicable rent act to evict the tenant and also for recovery of the rent from him.

  90. Jastej S (Team Vakilno1) says:

    Almost each and every State in India has its own Rent Act. This rent act governs the relationship between the landlord and tenant. In some places even Transfer of property act is also applicable. A perusal of the local rent act is necessary in your case. It is equally pertinent to mention herein that in the local rent acts, certain provisions are narrated, and a situation in these provisions entitles the landlord to seek eviction of the tenant.

  91. Jastej S (Team Vakilno1) says:

    Police authorities have no jurisdiction in such cases and you have pursue your remedy in civil court only.

  92. Jastej S (Team Vakilno1) says:

    Almost each and every State in India has its own Rent Act. This rent act governs the relationship between the landlord and tenant. In some places even Transfer of property act is also applicable. A perusal of the local rent act is necessary in your case. It is equally pertinent to mention herein that in the local rent acts, certain provisions are narrated, and a situation in these provisions entitles the landlord to seek eviction of the tenant. If the transfer of property act is applicable, then you have simply send a notice of eviction as per the ingredients of the Transfer of Property Act. Remember that depending upon the demised premises, the Transfer of Property Act, provides for different kind of notice of eviction.

  93. Jastej S (Team Vakilno1) says:

    Almost each and every State in India has its own Rent Act. This rent act governs the relationship between the landlord and tenant. In some places even Transfer of property act is also applicable. A perusal of the local rent act is necessary in your case. It is equally pertinent to mention herein that in the local rent acts, certain provisions are narrated, and a situation in these provisions entitles the landlord to seek eviction of the tenant.

  94. ARUN says:

    QUESTION : Sir, I am a coowner of a property with my brother, which was let out by our deceased mother to a firm consisting of partners in which our father was also a partner. After the death of our father, we two brothers were taken as partners in the firm, as only legal heirs. Now, we want to get the premises vacted from he firm, on ground of bonafide requirement. Kindly let us know the fate ?

  95. vikrant says:

    sir. my friend(pvt ltd co) has a registered lease with landlords on may’13 for which the lockin period was of 10months. my friend paid two months rent by cash without deducting tds. now the pvt ltd co has been closed. and further rent was not paid. owners are asking for legal action, is my friend(director) of the company can surrender the lease or what are the legal boundations. pls help

  96. vikrant says:

    lease registered in delhi

  97. Jastej S (Team Vakilno1) says:

    The landlords can sue the company for the arrears of rent. However, the Directors are not personally liable for the debts of the company.

  98. Rahul says:

    Three years back, we given our property for rent but because of some reasons we wanted to sell it and we given one notice to tenant also but evey time he use to ask more time we also given him coz he use to stay with his family n niether he was paying rent reguraly like this 5-6 months gonne and suddenly he filed the case against us saying we r threntening him and beating him. But his case was dismissed. After that also he is not vacating the house thn we filed a case against him but still its gng on and on, whnever its seems tht now we can have a judgement, judge will be transfered now agn same thng hon new judge came and he six months date.
    I want to knw thr is any procedure to get early date or thr is anythng else we can force him to vacte our house or whtever we just want him to leave……

  99. vikrant says:

    thanks for the reply.

  100. SIR, my tenant has sent me a money order of rs . 1000/ so as make a false evidence rather his rent is rs . 7500/ which other tenant are also paying in that building . he has filed a sec 39 for permanent injuction on me in delhi state . what should i do to cut off his false evidence and only one time he has sent and previously he used to give me cash . tenant since feb 2012 , paid rent till sep 2012 and after that refuse to pay rent , when i asked him to empty the room . he took some time from me to pay the rent and suddenly i recieved a money order from him saying that i am trying to pay the full but now i have a partial rent in good faith i recieved the money order and after one month he sent me a court notice , please suggest what should i do and under what section i could make a case on him

  101. ashutosh sharma says:

    sir, our landlord had filed a bonafide case on us living abrord . he comes one time in 3-4 yers for 15 days or so.
    1. he is the resident of australia and not of india. do he have the right to file the case against us.
    2.he wants only for visits not for permanent , so can he evict the building.
    3. he needs it for residence rather it is a commercial property and has a floor on it which he can use for the stay , but he wants the shops evivted.
    4.he has sold one 4 times bigger house 5 year hence which he could have used for residential purposes ie was 200sq yards and our is a 50 sq yard property .
    5. we have no other place to perform our business as ours is a tenancy for last 70 years in delhi state,
    6 my father is senior citizen and ill , one of my has undergone bi pass surgury , one of my uncle has undergone surgury , we have three shops in this property each one having it .

  102. Jastej S (Team Vakilno1) says:

    1. Yes, he has a right to file a case for eviction. 2. Even if he wants it evicted for sole purpose of visitation then also he can legally file a case. 3. This thing can brought into evidence by you that it is a commercial property and not residential. 4. Bona-fide necessity could have arisen just at the time of filing of the case. 5. You can plead these facts in the case. Rent Laws are different in each and every state. It depends upon the State in which tenanted premises are situated as to the correct position of the pleas that can be undertaken in such cases.

  103. Jastej S (Team Vakilno1) says:

    Rent laws vary from State to State. The relationship between a tenant and landlord is governed by the Rent law of the particular state in which the tenanted premises are situated. The tenanted premises are sometimes governed by Transfer of Property Act also. Generally, the provision is given in the rent act for eviction of tenant on the ground of arrears of rent. So you can file a case either for recovery of rent or a case under the rent act for eviction of tenant on the ground of arrears of rent.

  104. harish kumar says:

    Harish Meena, Delhi

    Sir,
    i had rented out my flat on 1 year Agreement which was not continued in good faith. I also not done the Tenant verification from Delhi Police. Now tenant is not pay me rent on time and for the last 2-3 months has not paid. He has not also deposited the electricity & water bill for the last 3 months which is increasing day by day. Now, one day he was saying me that he will get Stay Order from the Court. I do’nt know about the court proceeding, is any Notice/Summon will i received from the court and can i oppose the same not to stay in my property, as i have lot of ground i.e Tenant is not paying me rent & arrears, Tenant has also a pet dog who disturbs other residents in the building etc.. Can i file any Police Complaint not to paying me rent on time or for threatening me to go to court. what all steps should i take to protect me from this problems please… early reply

  105. pankaj yadav says:

    Sir, I am a not landlord nor Tenant but i war leaving as licencee on landlord since 35 years in property , that property is a freehold property in favour of landlord, But I filled civil case agt landlord for portion because i am leaving on the property since 35 years,but Landlord cut electricity of my room . My Question is, Can I get new electricity meter in my name without NOC or Civil court can give me a electricity meter on humanity grund is there Any LAW is exist?

  106. MONEESH says:

    my landlord has filled an injuction suit against me for stopping a use of basewment. The unregistred rent agreement was converted into a M.O.L. with an arbitration clause in case of dispute. The disputeed matter was taken by me to the arbitrator, proceedings joined by the owner and we both mutually agreed on the dispute. the setlement was recorded by both and the same was made an award under section 34 of the arbitration Act. The owners changed after 1 years and the filled this injuction petetion against me. Pl advise is the arbitration clause valid and pl advise in regard to related case law. CAse filled in chandigarh.

  107. naresh kumar says:

    sir sabse pehle to mein mafi chahta hun ki main english mein nahin likh sakta, agar aap jawab english mein dena chahen to de sakte hain.sir main chandigarh mein apne uncle ki kothi mein last 1986 se as a licensee reh raha huan. mere uncle ne mujhe writen main tia hua hey ki (MAIN UNKE BHAI KA BETA HUN, OR MENE ISE “APNI 3RD FLORE” PRIVAR SAHIT REHNE KE LIYE DIYA HUA HEY,YEH JAB TAK CHAHEY IS MEIN REH SAKTA HEY, MERE PRIVAAR KA KOI MEMBER ISE YAHAN SE JABARDASTI NAHIN NIKAAL SAKTA. Sir mere uncle ke bete ne mere uper (MERE UNCLE KI DEATH 1997 MEIN HO GAYI)tenent hone ka case daal diya. 2012 mein mein case jeet gaya.jis mein mujhey licensee manaa gaya uncle ke bete ne apeal daal rakhi hey, ab uncle ka beta is flore ki khali padi jaghey per 2 room banana chahta hey. ab mein yeh poocna chahtaa hun ki kaya licensee hone per mujhe stay order mil sakta hey. uncle ki property ke unke dono bete joint owner hein. kunki unka beta to mujhe court mein tenent hi maanta hey, please guide karen.agar nahi mil sati to main paise quan waste karun. thanks

  108. Dear sir/madam,
    how much do i have to pay to change the name of tenancy from grandmother to my father.

    i reside in mumbai, maharashtra.

    which acts or laws should i refer for my tenancy rights.

  109. Gaurav says:

    Dear Sir,

    My uncle & aunty was living on pagadi system in Mumbai. This June 2013 both are expired he does not have child.
    can i claim that room

  110. I am running a manufacturing unit in factory area in Delhi. I am on rent from last 25 years. 10 years ago our agreement expired but we are still paying the rent as per the rent bill given by landlord. The rent is Rs. 296/- per day plus electricity bill. Can landlord force use to leave the premises.

  111. shripad says:

    Leave and license agreement for shop premises executed in Sangli ( Maharashtra ). After license period is over there are arrears of rent for 2 years and licensee is not vacating the shop premises. Where to file eviction petition. Competent authority at Pune is having jurisdiction to file application. What is territorial jurisdiction of Pune division?

  112. Two sisters A & B purchased a plot in Delhi sometime in 1960 & constructed a house comprising G.Fl.,f.Fl.,& S.Fl..
    A lived with her husband,son & daughter on the G.Fl.,whereas B lived with her husband & son on S.Fl..
    B passed away in 2000 & her husband & Son were given the letter of administration by the court.The son was married & has one son.
    A’s son & daughter were both married & have two issues each.A’s husband passed away in 2007. Subsequently A signed a mutual partition deed with B’s LR’s in which her son was a witness & got it registered in 2010.The main covenant of the partition deed were that G.Fl.,&F.Fl will go to B’s LR”s & S.Fl.& to be constructed Th.Fl.shall go to a, whereas the basement shall be divided equally.
    Subsequently A got a will registered in 2011 wherein she bequeathed her entire estate to her son.
    A’s son & daughter are now contesting the will.
    Your comments?

  113. nikki says:

    I moved into this duplex and my landlord at the time stop coming by and start fixing on things. he stopped picking up in returning my phone calls.so I began to withhold the rent. and I started to do small maintenance on my own.so now we have a new property manager and she want me to pay the back rent but they do not want to reimburse me for the money that I had to fix my house she told me anything before November 1st is not their problem but she want me to pay her the back rent fromAugust till September.so I wanted to know can they do that?

  114. Reethu says:

    Before 25years tenant rented my shop. When we planed to rebuild the shop, we asked the tanant to vacat, but he refused and filed a case in high court. Then before 8yrears back, the judgement profitted us, then we asked him to vacat but still he didnt, he applied case in supreme court. But now our lawyer is telling he lost our case file so we have to start from first… someone please help on this.. what is the next step should i do?? he is paying 400 per month. please please help

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  118. AJAY says:

    My father and his brothers recived 15 acres of land, We had given this land to a joint developer for a layout and we became the land lords of that place , now the assosiation wants us to pay the maintenence of the sites we recieved , My father and his brothers paid the maintainence but the association is not takin any measures in cleanin , is there any thing we can do legally to take action, if so according to what codes of the government can we take action.

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  121. Charudatta says:

    I am staying in Mumbai, and my Father-in Law is staying as a sub-tenant since 1965. The tenant has given him NOC. My father in law neither have any registration copy with him nor monthly rent receipt. But he has ration card, Election card, my wife’s birth certificate contains address of the locality Now Lanlord is asking to vacate the place as he wants him for his son to open a office there. Being a prime location at Dadar Shivaji Park, he is only giving him Rs.5 Lac, while present rate of that area is Rs.40,000/- per sq.ft.
    Whether we fight or accept the compensation.

  122. RS YADAV says:

    A UP sachiwalaya class 4th employee who has 7 family members ( 3 sons, 2 daughters, 1 putrabadhu and self ).His 2 sons and 2 daughters are also employed with UP state Govt.He approached me and very humbly requested for renting him my partially completed front portion house for 11 month agreement and oathfully said that he will vacate the house whenever you will require for further construction work. I rented him the front partially completed portion of the house for 11 months by signing on a Rs. 100 Agreement paper.He further requested 11 months extention of agreement period which I did on Rs. 100 stamp paper with expiry of agreement on 31sth Aug. 2013. After about 18 months, I started construction work on the back side land of the said house in Feb. 2013 and completed another separate portion of house on the vacant land in Aug. 2013. During the construction period of backside portion, I requested him to vacate the front portion house which was rented to him partially completed condition but he did not vacate. On completion of my back portion of separate house, tried to rent out the same to another person. He resisted the same. But any how I managed to rent out the back portion of house to another person. After completion of agreement period i.e. on 31st August, 2013, I am continuously requesting him to vacate the partially completed front portion of house for completing the same. But instead of vacating the same, he submitted application for stay on vacation of fron portion partially completed house in civil judge court, lucknow. I shall be grateful for guiding and help me in this regard.

  123. Patel Nitin says:

    I had taken rented house in Baroda- Gujarat by giving brokerage 16000/- deposit -32000/- and one month advance rent of 16000 /-
    I had a agreement for 2 years
    But because of my job get terminated by my employer i have to leave the place and ultimately rented house
    I have intimated house owner 15 days in advance that i will vacant the house in next 15 days time
    I have given all keys and handed over house to owner but he was not ready to pay back my deposit
    Please suggest how i can get back my deposit

  124. Sir,
    i have some query regarding commercial rent. my father had made an agreement with our tenant which was expired last year. but one thing i like to mention that the tenant has been in possession since last 21 years where as the agreement is done only for 10 year in interval or gap.
    few people are telling that after 21 years the possession of the commercial house will be with the tenant. our family is little bit worry about it.
    please any one can suggest what should my family do to thrown out the tenant. your valuable suggestion are highly solicited

  125. CHANDU says:

    I AM A TENANT OF COMMERCIAL PROPERTY OF MR.A FROM 1977 HE EXPIRED IN 1997, THAN PROPERTY SOLD BY A POWER OF ATTORNEY WITH CONSENT OF DECADES MR.A,THAN B BECOME NEW LAND LORD BOTH HAVE NOT INFORM ME FOR NEW OWNER OLD OWNER WAS ALWAYS COLLECTING RENT ONCE IN YEAR, B NEVER DEMANDED FOR RENT AND SOLD PROPERTY IN 2010 TO MR.C NOW MR.C IS WANT TO HAVE PUSSATION OF SAID PROPERTY HE HAS RIGHT FOR THIS ?

  126. we(2peoples) are living in kolkata. we are tennant since 30years. 30years ago there was an agreement of rent 500rupees for 2 years. there was not written anything about increasing rent or about eviction of tenant. although we have incresed the rent 2500 rupees. but the landlord wants to increase the rent upto 6000rupees now. we cant afford this rent. we want to continue with 2500 rupees. so landlord wants to evict us. can he evict us? if land lord is widow then can she evict us??

  127. A. Chandra sekharan says:

    Sir,
    i living in rental house for the past 3 yrs from 2010 Rs.3500 is rent and water bill is rs.250/- now slowly increased now nw i m paying 4500/- inclusive of water bill. Now owner say after may 2014 you will pay rent 6000/- and water bill 500/- because i m low middle class how could i pay this much of amount as per legal what shall i do please reply me or call my number 9844535574.

  128. Kumar says:

    Dear sir, I have a flat in city “A” and am working in another city “B”. As i was not using the flat i rented it out. The initial agreement was for 11 months. After the end of the agreement time the tenant promised to increase rent but didn’t do it. But now I want to move back to my old city and to my own flat. As that is the only property that i have in that city, can I ask the tenant to vacate the property with due notice period? Can he refuse to vacate the property? Do i have to provide the reasons to why i need my property back? If he refuses and I go to court, whom would the court favour? Please advise as I am in a dilemma and i need to shift as I have got a job now in my hometown itself.

  129. Rohit says:

    Hi, I am staying on rent at an apartment in Dwarka, New Delhi for past eight months. The society has now come up with different car parking charges for tenants & house owners or for using committee hall. They are color coding car parking stickers to differentiate between tenants & landlords so that the security gives priority to the house owners. I want to know is this allowed to charge differently for society facilities for tenants & house owners.

  130. DSLM says:

    Area: Bangalore
    After giving my flat on rent to a bachelor, I have come to know that the society has passed a resolution not to allow bachelors, much earlier. I have not received any notice of AGM or was the resolution circulated.

    Now, discrimination on the basis of marital-status is something I feel is not right.
    I feel the resolution itself is unconstitutional in nature.

    If I now ask the tenant to leave, can the tenant file a police complaint against me ?

    What is the way out ?

  131. AKS says:

    Sir,
    i had allowed one of my close relative to live in my flat in 2004 without any rent or any agreement, with a promise that he will vacate on six months advance information. he is now not vacating my flat despite several request. what is the way out ?

  132. A Chakraborty says:

    Sir,

    I am residing at kolkata in a two room with my mom and brother in a one storyed house. we are living her for more than 40 years. This house has no official land lord yet. This property is a thika tenancy property. ‘A’ had been register with kolkata municipal corporation tax payer list. after death of A there is a legal claim fight running in cout for more than 40 years between A’s married daughter and A’ daughter in law(widow). now both of them are expired. we heard that court has given favour to daughter but some of the room are occupying by grand grandson (grand son died). whenever we went for repairing earlier the grandson used to resist us the grand grand son is doing the same thing without any legal notice for being a landlord. only trying to capture and evict us by the force of illegal activity, mental and physical torture. now our rooms condition are very bad and need to be repair immediately, can get a legal permision to repair the same?

  133. sana says:

    thanks to team vakil no.1., sir my question is this can a legal tanent repair the rented shop without owners consent in haryana?

  134. sana says:

    how can a lawfull tenant repair the rented shop in haryana?

  135. ATU says:

    I have a querry My Father aged 81 years has given on rent three rooms flat to one widow. For the past five months she has not been making payment of rent to my father .Can I disconnect her water supply as I have already issued legal notice terminating her tenancy in Nov,2013

  136. R.S.KATHURIA says:

    sir i am a lawful tenant of a commercial property vide rent note in haryana since 1997.according to rent agreement i am not entitled to any (TOD PHOD).Now the said property is getting deteriorated.in case it needs some major repair would i be allowed by civil court to get it repaired at my own expense.can the critical condition like khandhar of the said property be a ground of eviction?

  137. N. D'Souza says:

    Sir,

    My father has retired from LIC after 30 years of service and was awarded tenancy rights along with many others in a similar situation in Mumbai. He now wants to sell off the 1 room kitchen flat like many others have done before him, ofcourse with due representation to LIC and under their terms and conditions which they are now refusing and instead, asking him to surrender the tenancy if he is not interested in it. My father needs the money to repair his house in the village for which he even has buyers.

    In the event LIC refuses permission to sell the place, is it possible for my father to transfer the tenancy to his wife/children? Will they be compensated in case the building comes up for redevelopment during or even after his life?

    I thank you in anticipation of your response and advice.

  138. Hai,

    Please help me on this Query, My Friend is living in house on fixed term Lease agreement for 3 years Rs.6Lakhs. Now how much rent expemption can he take per Annum / Per month for Income tax Exemption.

  139. jaskirat says:

    hey sir..
    i want to know what is the court fee for agricultural land and if we forget to pay that….can we pay it afterwards.
    as the opponents just raised the reply n not the issue..

  140. himanshu says:

    Sub : Water given to shops : /// our apartment consists of 12 flats. there are 2 tanks of 3thousand litres for municipal water & 5 thousand litres for boring water. As of now water is suffice but now there is hotel opened in a shop below our residence apartment which is a part of the building. they have taken water without any written permission or we are not aware if the builder has made any special agreement with him. My request question was whether the law of maharashtra / sangli permits water from residence usage to be given to shops / galas. If no what can we do to stop this since there is always a nexus between the shopkeeper & the builders.
    rgds

  141. Hello says:

    Hi

    We are owners of a flat which we let out for rent and now wanted occupy the same for self purpose. The tenant though did not refuse to vacate but had been buying time to vacate and its been 5 years since. We understood that he is not willing to vacate and thus filed a case and the court gave us an order for eviction in our favor. The date mentioned in the eviction order was 24th Mar but still the tenant has not vacated the flat. we are planning to file execution petition but how much time will it take and the procedure for the same. What if he does not abide by it. I think this is contempt of court in case if he is not following the court orders. Can i know the next step? Please help. We are going through lot of mental trauma becoz of this.

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  143. rajesh says:

    what is the format of notice given to land lord not given to noc certificate to register soceity

  144. dheeraj says:

    Hello lawyers and law experts,
    I have a shop in Delhi which is given to me by WILL by my grandfather [dada ]. This shop is on rent from 25 years. Now in 2012 i filed bonafide case, A EVICTION PETITION under section 14 {1] [e],at district court, Tis hazari Delhi,which i won in 10 march 2014 with eviction order passed.Senior civil judge given my tenant six months to evict my shop. So i am waiting. Now i wanna know whats the next step. Can my tenant go in session court or tribunal court additional court or higher court etc. Whats the next probablity left for us. I clearly passed and showed necessary four conditions to prove my bonafeed need to judge because i have no other shop and furthermore i have no career and i am sitting idle for years.

    Now should i wait for 6 months to get order executed automatically. Or i must prepare excecution petition papers in advance. Can law give few more months in form of grace period to my tenant ? In how many days he can reappeal or challenge districts courts judgement? Some says to file cavate ? But my lawyer dont recommend it.

    i want to know next necessary steps to get my shop evict in form of possession in practically. I clearly won my case,, so whats my chances in next court. What time period it will take in higher courts to get final order. Even if my tenant goes to higher courts then atleast i must get market rate rent for period of court case which i will utilize in coming months. My tenant never ever given us rent from 25 years. Please guide me. What to do now and next?

    thanks,
    regards,
    Dheeraj,
    Delhi

  145. Suman Sircar says:

    Sir

    My father has rented a house 50 years back .now my father passed away in 1995.Still we are receiving Bills on his name.Is there any issue.

  146. Bittu says:

    My maternal grandfather had taken a shop on rent 45 years back.After his demise, my maternal uncle was running the shop. after his demise in 2004, my maternal cousin has been running the shop. The grocery shop is the only source of livelihood for this family for three generation. the landlady filed an eviction case 10 years back. The case has been going on for all these years. What can my cousin do to have the case in his favor as a tenant? Please do advise..

  147. Sid says:

    Landord died, landlady died and there is no heir. we have been living in this flat as renters for last 35 years. Is there any law/act that gives us the right to become owners of the flat that we been paying rent for last 35 years.

  148. Sid says:

    Landord died, landlady died and there is no heir. we have been living in this flat (in Kolkata) as renters for last 35 years. Is there any law/act that gives us the right to become owners of the flat that we been paying rent for last 35 years.

  149. gora says:

    Hello lawyers and law experts,
    I have a tenant in kolkata for 4 room .In my tenant area 4 room i deputed two room to any body as leave &licency without consent of landlord.
    Being a Tenant can eject his leave & licency in court of law in kolkata.
    kindly provide related judgement to eject the leave & licency.

  150. Vikas Sharma says:

    Hello Legal team,

    I am tenant in Ghaziabad(UP)in builder flat in a society for last 4.5 years.

    Landlord does not give us receipt of rent whereas we have been paying the rent to our landlord every month on time for last 4.5 years.

    Whenever we ask our landlord to give the rent receipt he refuses to give the rent receipt.

    Landlord has increased the rent every year minimum 10% of previous year.

    As rent agreement between landlord and us has been expired after 11 months of first agreement done 4.5 years back, landlord did not renew this agreement based on our good understating.

    Now landlord has become greedy, he wants to increase the rent 25% as we feel such huge increment is unjustified, landlord ask us to pay this increases rent or vacate his flat.

    We have all proof as every month land line telephone bill, cooking gas bill paid every month by cheque, bank account and passport address proof on this rented house as living for last 4.5 years.

    Whereas we has booked our own flat but we have not got its possession due to delay into delivery by builder, but our flat will be ready for possession in 5-6 months time frame as finally agreed by builder. So we will be able to move into our own flat in 5-6 months.

    As changing the flat for just 5-6 months time frame will add additional financial and mental burden as brokerage fees, packaging and shifting charge, also, additional mentally stress and harassment in searching the flat, changing the address on all document as telephone, mobile, internet, bank etc for 5 months doesn’t look justified and cause a mental harassment by landlord.

    As 10% increment rent is justified but we don’t want to pay this increased 25% rent and continue on rent for next 5-6 months time.

    Is 25% increment in rent justified?

    Can landlord forcefully or legally get his flat evict from us in such above condition?

    What is legal assistance which we can get to refuse the unjustified demand of landlord in our case and continue for 5-6 months?

    Please help me and provide an early solution.

    Kind Regards,

    Vikas Sharma

  151. Karan says:

    Hi Legal gurus,
    My uncle rents a property from the last 13 years for Rs1000 a month. He does not have any rental agreement with him and pays the owner cash every month. He does not have recipt for that too. But he pays the annual house tax (and has all the receipts which are on the name of the owner). He pays all the bills like electricity and water bills for the mentioned property. Is there any housing law in India that suggests that the property becomes his own after his stay there for these many years. Kindly advice.

    Regards,
    Karan.

  152. Sir
    Is it necessary to register rent agreement under the Bombay Rent Act for claiming exemption under the Income Tax Act.
    My second question is that if we just submit rent receipts on a revenue stamp paper signed by the receipient. Pan card no. of the landlord also given to the employer. Can the employer still ask for the registered rent agreement or any
    any documents before granting the exemptions under the Indian Income Tax from Salary provided by him.
    Kindly enlighten.
    M. M. Purohit
    9167222062

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  154. sushil says:

    i am the teanant of a building since 60 years , my land lord as increase a rent due to increase in b.m.c taxes but b.m.c taxes increases from rs 800 to rs 2400 for yearly n my land lord taking rs 800 montly means rs 9600 yearly.land lord doest pay repair cess ,does he hav full right to take any amt from me or there are certain limation for rent he takes for me….

    please help

  155. Hi
    My Father Let A shop on Rent Around 20 years Ago To a Tenant(On An oral Agreement)On Monthly Rent Of 800/1000 For commercial Purpose.
    Property Comes Under Mix Land Use And We Also Live On Top floor Of The same Property.
    Later on Property Was Transferred To my Mother And Now She is The Owner No Agreement Was Made With My Mother For Tenancy Of This Shop. My Father Passed Away In Jan 2006 Since than Tenant Is Not Paying Rent,And he is also Not Opening His Shop Since 1998 Its Locked 24/7,He Never Comes To Open The Shop As he Is Big Businessman Now
    Now I want to Evict This tenant From The Our Property
    What Would Be Your Suggestion
    How Can we Get This Shop Vacated From This Tenant

    1/Should We File A suit on Bonafide Requirement Basis as My Younger Brother Is married and Has A family.

    2/Or should We File A suit On This Basis That Tenant Is Not Paying Rent From 2006 and is Not opening the shop since 1998

    3/Is There Any Law Where A widow can file a Case To Get Her Property Vacated My Mother Is A widow .

    4/ Oral Agreement Was Made with My Father And Now My Mother Is The Owner

    5/is There Any Way That The Property Can get Vacated And We Can Also Ask Tenant To pay The Arrears…

    Please Give Your Best Suggestions
    Thanks & Regards
    Davinder singh

  156. Sorry I Forgot To Mention That The Property Is In Delhi

  157. We have been given a shop in the year 1970 in the private town ship which was shared by two same group companies. The shop was constructed on the portion of land owned by another group company with possibly their consent. There is no written agreement. We used to pay Rs.100/- per moth as rent. It continued for many years. But the company which gave us the shop went under liquidation and was closed for more than 10 years and no one there to collect rent. Now the shop is being run by four different people under written partnership agreements. Recently the other group company has now taken over the assets of the company in liquidation including our shop. The shop is in our occupation for about 45 years. What is our legal status? Can this be treated as an unwritten lease agreement?

  158. I am new in Delhi, I am paying Room Rent+Electricity bill to landlord..for electric bill we have separate meter on floor,
    Question: My landlord is charging units(as per his slab) as per his total on electric bill, although the meter on my floor has different slab(less) which is according to my uses, please suggest if I should pay bill according total bill of main meter or i can pay it as per my slab or uses?

  159. Hi sir
    I live in chawl which Trust property more that 100 old yr. Pl I what to no the rule

  160. Thanks for ones marvelous posting! I actually enjoyed reading it, you will be a great author.

    I will ensure that I bookmark yoyr blog and wilpl come back sometime soon.
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  161. neeraj says:

    sir mene 20 saal pehle rewari haryana me ek dukan pagri par lee thee,pagri us samay dukan ki kimat ki aadhi rakam ki value ke brabar thee,par likhit me rakam nahi likhi gayi thee, ab malik dukan khali karwana chahta h vo bhi bina kuchh vapis diye, malik ka kehna h ki dukan khandhar ho jayegi to case karke bedakhal kar doonga, m ye jan na chah ta hoon ki kya khandhar ho jane par m dukan repair karva sakta hoon ya mujhe sirf iss vajah se dukan khali karni pad sakti h ki dukaan khandar ho chuki h.please mera marg darshan karen.

  162. is a tenant in vacant land in delhi for the past 40 years can have right to sale?

  163. Your Name... says:

    Is there any law for….landlord using abuse language. ..n harassment…..if so ple let me know the prosses to give acomplain about landlord.

  164. AMIT PATEL says:

    Can a Land Lord increase the rent from the year 1965

  165. AMIT PATEL says:

    I am a tenant from last 50 years (From 1964 ) i am paying rent regularly

    now my Land Lord wants to increase the rent from 1965

  166. settlements says:

    If you are trying to raise money for your first real estate investment, then start looking in the area you want to be, and get a feel for the prices.
    The Central Avenue business corridor faces challenges of aging buildings, not designed for modern demands of technology and parking.
    Some useful strategy would be to send out postcards that urge homeowners planning to sell their houses to be more responsive.

  167. i am lady of the age of 58 years and i have a house of three floor and out of which i have given my first floor on rent and third floor is in my occupation, i have given the first floor on rent before six to seven years ago with the rent of rs.2500/-, i live alone in the house. now i want to give this first floor to my married daughter and she is ready to live with me because i have some eye problem and not to work independently. and my tenant is not to vacate the house and informed that you are only one lady and able to live with your daughter in ground floor you does not required for first floor.

    kindly advice

  168. Sean Manks says:

    My mother owns a 2 bedroom apartment in Mumbai in a society managed building. We moved to UK in 1992. In 1993 she decided to rent it to a relative with a rental agreement to pay R4000.00 per month. Being overseas she never took it seriously and seldom collected rent.

    Though the relative did not pay the rent regularly, she paid the monthly dues to the society. The society management decided to install an elevator, and she even paid for this. She also kept the apartment in good shape.

    My mother is now 83 and wants to sell this apartment. The relative feels that she has taken care of it for over 20 years and wants 60% of the price the apartment will fetch (approximately Rs 2.0 crores.

    My mother is willing to offer 30%. Do you think that the tenant can demand 60% and not willing to settle out of court. Does my mother have a case?

    Kindly advice. Thanks!

  169. Aravind says:

    Hi Sir,

    I am staying in Wakad , in a 1 bhk flat from 5 years…In between 1st owner has sell the flat to 2nd owner before 7 months(4 years old flat)..We have continued in the same flat and agreement is also cancelled with old owner and continued with new flat owner…Now I have vacated the flat ..There were some repairs from past 2 years..like painting is not done from past 5 years(from new flat), and bath room door bottom part is damaged,when we wash the clothes in bathroom,it touches the door and damaged…Inverter also not working from 2 years we have informed the same to old owner and new owner..but new owner now is asking me to repalce with Inverter costs around 15000/-…Not returning my security deposit.He has already given flat to new tenants and he already collected security deposit from them also.

    Please suggest whether I need to pay the total inverter amount ?I have agreed to pay 5000/-Rs as inverter is 5 years old and I cannot replace with ne battery but owner is denying it and not returning my deposit.What should I do..please suggest.

    Thanks,
    Aravind

  170. vijesh anand says:

    Dear Sir,

    I have a property in Bihar. Part of that property we have given to one tenant @Rs.400/- per month. Other parts of the same building was under lock. one month back the tenant son has broken the lock of other rooms and occupied without permission and stopped paying rent to us.We two brothers told the tenant to pay the rent and locked the remaining part again and lodged one FIR against the tenant for breaking our lock of two other rooms. He has taken bail but still they occupied the property. Please suggest what to do for get the repossession of that property.

    Regards,

    Vijesh Anand

  171. sanjeev says:

    Respected sir my mother purchased a house for me and ancestral house was given to younger brother I am Punjab govt employ I lived in that house for two years after that I was transferred to another city I shifted to that city and this house was rented for 5000 per month last month we have made rent aggrement on100 rupee stamp paper it was made 30 days back it is unregistered rent deed now tenant is intentionly not going to registrar to get it registered it is for two years I am ready to bear the cost but he is intentionly not cooperating I am worried kindly help me out I’ll is prime property can I deposit govt fee registering at any place

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  173. lifestyle says:

    Many companies today offer keyless entry devices on your home, means to monitor
    your house from your smartphone and even video monitoring equipment so you could watch your house.
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  175. Viku says:

    Dear Sir,
    for more than 50 years,my parents have been living in the house where its land is not registered to any members…hence i would like to know what shall be the next steps for proper land registration ..
    regards

  176. harish says:

    sir,

    I gave my shop before one year on 11 month agreement, tenure of agreement is over but tenant is not vacant my shop. what should i do & how much time ti will take.
    Please help me.

  177. Jayanti says:

    Sir,

    I have been living in a rented accomodation in a highrise appartment for the last four years in gurgaon, Haryana. Every year, the owner :
    1. insisted that I renew the lease and carry on all the formalities, which logically he should have done.
    2. Never paid for any repairs as he insisted that its my onus.
    3. I never defaulted in my payments ever and followed the rules of the society.

    4. Now I have given the owner a month’s notice as per the lease, as I am moving to another place. Inspite of the notice he is refusing to return the deposit saying that I should have given him a hint before hand that I plan to vacate. Is this correct by law?

    He never gave me the rent receipts as he is a government employee.

    Please guide.

  178. Jayanti says:

    Sir,

    I have been living in a rented accomodation in a highrise appartment for the last four years in gurgaon, Haryana. Every year, the owner :
    1. insisted that I renew the lease and carry on all the formalities, which logically he should have done.
    2. Never paid for any repairs as he insisted that its my onus.
    3. I never defaulted in my payments ever and followed the rules of the society.

    4. Whenever the lease was renewed he insisted that I pay the difference in rent for two months as a deposit again. He made his own rules and I never argued. Is this correct by law?

    5. Now I have given the owner a month’s notice as per the lease, as I am moving to another place. Inspite of the notice he is refusing to return the deposit saying that I should have given him a hint before hand that I plan to vacate. Is this correct by law?

    He never gave me the rent receipts as he is a government employee.

    Please guide.

  179. Ranabir Kar says:

    Dear Sir,
    My Father had a medicine shop,he was giving the rent to the Rent Control Deptt.,unfortunately he died,by the law my mother now holds the propreitor of the shop.She now want to add his son’s name as a Partner in her business.Is it possible..?

    Kindly Help me….

  180. You have shared very important information in this blog. I got lot of knowledge after reading the questions shared in this blog.

  181. I let out my flat in Ahmedabad on rental to a joint family with sole intent of having the property taken care of but from first month the tenant defaulted in payment and would deposit payment anytime not honouring the Agreement which specified payment before 10th. After a year he continued to dodge me and stay without extended agreement and when we pressed him he filed a petition…alleging spending huge amount on hearsay that I have asked him and now seek to throw him out.In 7 yrs of litigation the Court has been extra sympathetic in allowing him to stay on despite non appearance for almost 3 years by their advocate.I had to press for court to issue them summons after which they appeared.Court has not taken cognizance of no extention of licence agreement and tenant continues posession.Court ruled after 7 years asking for maintaining status quo till disposal of suite. I reside in Delhi and for last 3 yrs have been making trips on each hearing.Please Help.

  182. Added to my woes with a tenant who continues to occupy my hard earned flat my Advocate who took Rs.12,000/- from me to file eviction petition never did so and each time he bypassed it with some excuse or other that in next hearing the judgement would be in my favor and issuing eviction would enable tenant to stay on.I sacked the lawyer but though he has verbally promised to pay back the money, he has been dithering with some excuse or other. I wrote to Bar Council of Ahmedabad but they too are like Government agency..unless they are prodded they won’t work.Any Help in this?

  183. jinal says:

    whether lease belonging to waqf board can be renewed by the collector of state?

  184. sir we have a shop one part of the shop that is in the main bazar own by two brother and another part of the shop have face in back side of main bazar own by our mother. now our mother give the shop on rent to a firm. which firm we both brothers and our wives are partner. now how can we calculte house tax for the shop wheather we club both the parts of the shop and take commissioner rate belong to main bazar or we calculte both parts of the shop sepretely there is no walls between the two parts of the shop our shop situated in punjab

  185. Ramit Singha says:

    My grandfather aged 86 years old with his wife owns a 4 flat apartment in Siliguri, West Bengal. One of the tenants staying in the ground floor is refusing to vacate the flat. The rent agreement expired on 30th June 2014. We have not been receiving monthly rent & electricity bill on time, sometimes the rent stays due till the next month.
    To add to this, the tenant has a behavioral issue and we do not have a healthy relationship with the tenant. He refuses to meet us when we ask for rent, electricity and maintenance charges. It is getting very difficult for my grandfather who is old enough to manage all these issues month after month. Even we have received ultimatum from him quoting that “We should not have done the agreement, and lot of people do not pay rent also”. All these leads us to think that he is trying to illegally occupy the property. I know that Police cannot interfere much as this is a civil matter. Please help if you can !!

  186. SAMU NAG says:

    How can I increase the rent of renters if I do not have a rental agreement?

  187. I really like your blog.. very nice colors &
    theme. Did you create this website yourself or did you
    hire someone to do it for you? Plz reply as I’m looking to
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  188. Dear Sir, We purchase a commercial property. Two Shop already in this property from a long time . Now we want to vacant these shop but they not agree to vacant. Please tell us to our power for vacant these shop.

  189. Muraliraju says:

    I am from Bangalore and entered in to an rental agreement with my house owner on 14-10-2013 for 11 months, and it has a point as mentioned as below now I have decide to move to Chennai and intimated to my house owner on 1st week of August 2014 that I will vacate the house in Oct 2014. In this scenario have completed 12 months but still he is forcing me to pay 3 month rent and saying that he will deduct the same from my security deposit which I paid (80,000) need your legal advice here, Thanks in Advance.
    The lessee shall agree to stay at least 11 months in the said house premises, if he fails to do so, the lessor is at liberty to deduct three month rent from the lessee’s security deposit or he can arrange alternative tenant within the stipulated period

  190. Mere father ne 45 saal pahle kiraye par ek shop li thi
    Uska rent us samay 25 rs per month tha
    Aaj hum uss shop ka rent 1000 rs per month de rahe hain
    Hamara landlord wo shop kisi dusre ko bech raha hai
    Hamne landlord ko kaha ki aapki shop hum purchase kar lenge to humse anap sanap rate maang raha hai
    Agar wo shop kisi dusre aadmi ko bech de to hamara kya hoga
    Kya naya landlord humse dukan khali karwa lega
    Kya humse chupa kar landlord dusre ko shop bech sakta hai
    Hamare pass abb tak diye gaye kiraye ki sari rasid maujood hai
    Ham wo shop khona nhi chahte
    Hamko uchit rate par wo shop mil sakti hai ya nhi

  191. Dear sir,mere father ne 50 saal pahele commercial place badepe diya hai bina agreement ke . Tho mujhe woh commercial place chaiye. Toh kirayedar uese nahi chhod rahahai ueskeliya kya process hai

  192. I am the tenant, my landlord filed a case against me on the ground that willful default and the rent controller also passed order against me, now i filed appeal against the said order before the appellate authority. In this juncture whether the land lord can file 11(4) application as per the tamilnadu lease and rent control act.

  193. D B says:

    Two years ago we filed four cases in Tis Hazri court for repossession of the property with help of the lawyer. Initially she said the fees are Rs 25000 for each cases. We paid her in full. Now she is not resolving the cases and keeps on demanding money. So far we have paid her 5 lakhs. She also took 65,000 for documents. She took another 25,000 to give the court clerks for chai pani. Now she took another 5,000 for petrol money. Is this common? What can I do? I want to change the lawyer. How can I find a reliable honest lawyer? I am tired of this unethical greedy woman.

  194. I am being landlord of the bank (BOI) premises would like to enter the lease agreement as per the financial bid & technical bid submitted. where as the bank wants to change the terms as per their convenient ( for terms, rate of rent etc,) It is against the CVC guidelines. How bank is insisting to accept. Now the bank is occupied in my premises, already 3.5 months crossed. Till no rent. Now I would like to proceed for which kind of action. kindly reply. Thanking you.

  195. dilbag singh says:

    dear sir,

    I am belongs from Amritsar(punjab), i have given a Shop (attached with my Home) on Rent Since 1992 Without any lease Aggrement (monthly Rent 250/-Month), Now we try to vaccate our Shop but tannent refuge to vaccate, Please advice me what is legal procedure to vaccate the preimses and what rule say on it.

  196. UpmaSaxena says:

    Urgent Queries about home
    1) I am living in a rented house which is a SFS Flat since 18th May 2006 on a rent of Rs 2500 by the landlord who had GPA by the original allottee. The original allottee had agreement to sell with two other persons on the same day who were relative of my land lord
    2) Suddenly the brother of the Landlord sent a notice on 9th July 2008 that he is the owner of house and stating the name of one person only out of two to whom original allottee had engaged in agreement to sell. He claimed that the rent was 18000/p.m. and previous owner had issued the receipt but later he denied and the copy of notice that was filed in the court was edited.
    3) His brother also denied that I was inducted as tenant He said the house was given to me as licensee.
    4) The case was dismissed in August2009 due to so many wrong statement.
    5) But this brother of landlord again filed a case in different district court of Delhi stating that the house was on the rent of Rs 5000 and claims all arrears.
    6)At the same time my landlord who was also the chairman of the school where I was working as Principal claims that the same house was given to me as licensee and he wanted that I must hand over the house to him I have won the case of wrongful termination from service at tribunal and at high court single bench. The case is pending at DB in High court of Delhi
    7) Both brothers shows that they do not have good relations with each other so they are not on talking terms
    8) Both the brothers claiming house indifferent courts but no one is making other brother a party to clear issue
    9) I am depositing rent in court but the landlord who is the Chairman of the school is not reporting there at all. Since his brother has claimed to be the owner so he is also the party he through his counsel appears each Time
    My question is that who the rightful owner of the property is as there are few doubts
    a) The original allottee has not got the free hold
    b) He gave one person GPA and SGPA and two other persons(one was his son and other was nephew) on the same day just after three months
    c) GPA is registered by registrar office but Agreement to sell was not
    d) Property was again sold by Agreement to sell this time registered by son and nephew (he is third son of other brother who purchased property)
    e) GPA was also transferred by my land lord to his brother (as per documents shown by the brother)
    f) SGPA is still in the name of landlord
    g) We once talk to the landlord in 2012 telling that he is claiming the house in School Tribunal and in High Court whereas his brother also claims in district courts. He said I have my right and he denied saying anything about his brother.

  197. ANAND says:

    Dear Sirs,
    I was leased a house by a PSU under long term lease.However there was a dispute with the PSU regarding terms of use of the house and eventually the lease was terminated by the PSU and a request for eviction has been send by the officials to the Estate Court of the PSU.In the meantime,as the PSU was supplying electricity to my house,they disconnected the electricity without giving any notice to me as they said that it was done because the lease has been terminated unilaterally by them.Is is legal to terminate electricity just because the lease was terminated.Pls advise.
    Regards
    ANAND

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