Legal Question in Civil Rights Law in India
A rental flat in my name but i never lived in since 1974.the same flat is given to my elder sister who resides along with her husband and two children.She pays the rent direct to landlord by cheque.Now i want the flat back from her.Landlord is also not excepting rent from me although he issues receipt in my name to her.I was living with my father and younger brother .Father is no more and due to dispute i have to leave the house.Now i live in other rental house which is out of city .How can i get my flat back from my sister My brother in law has applied for direct tenant.receipt in his name.Is it possible ?
2 Answers from Attorneys
20.07.2013
Dear Sir / Madam,
You and your sister have to discuss this problem out with the landlord / landlady and find an amicable solution to the problem. It is unlikely that the landlord will transfer the receipt in the name of your sister or brother-in-law without your explicit consent and approval.
Regards,
Depending upon the time since the land lord is accepting cheques from your sister, he may accept her as the tenant and you may be deemed to have abandoned the tenancy.
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