Legal Question in Real Estate Law in India

Sir,

We have rented out the house to college and Principal of college occupied the house on Feb 8th.

We had broker to set all agreement and they opted for broker to search house. We are not sure on problem between Broker and the college. As we know they have not given broker commision as agreed. So broker was calling them asking for his money which no where related to us and our agreement.

On March 3rd they called me and mentioned that they are getting threat from broker that he is going to remove power in house if they don't give commision. When they called I clrealy mentioned he can not do that and we are not ntreasted to get into problem and broker and college. They agreed to give money to broker on 5th.

On March 5th they didn't give money to broker and we got call from college saying he is calling them. I told them I am proving what I agreed on agreement and we are no where relate to broker problem.

Then college Chairman called and used bad words while speaking to me, and he mentioned that he wants to cancle the agreement immeditely. I deined and asked to serve notice period as per agreement.

Later he SMS me saying "He wants to cancl agreement and retrun the full secutrity deposit of 1, 20,000. I asked them serve notice and he SMSed agian saying he will put FIR, and mentioned that "I will get police to your home", i still denied to return security deposit without serving notice.

Now they are doing false allegation that they didn't have peaceful stay because of threat from broker and I have denied to speak on phone, many allegations to say they didn't have peaceful stay.

We never asked them to speak to broker related to anything about house.

WIthout returning full security deposit they are not ready to vacate and leave possession and keys.

They sent register post to cancle the agreement immeditely.

As per agreement , there should be two months notice and if they vacate before one year owner can deduct one month rent.

I am helpless since they are powerful people and they even mentioned that chairman is not ordinary person.


Asked on 3/10/14, 9:37 am

2 Answers from Attorneys

you are on a strong footing. serve them a legal notice cum reply notice. for further query contact 9312411481.

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Answered on 3/10/14, 6:47 pm
Fca Prashant Chavan Expert Edge LLP

11.03.2014

Dear Sir / Madam,

Since the Principal of the College has occupied your house and your Agreement for Leave and License (ALL) is with the College, you are right in refraining from interfering in the broker's arrangement with the College. You will deduct all unpaid and unsettled monthly compensation amounts and all other recoveries as contained in your ALL from the Security Deposit given to you by the College, till you are put back in possession of your house and the house keys are returned back to you, either by the Principal residing in your house or by the broker. Should you receive any threatening calls, you should lodge a Police NC in the nearest Police station.

Regards,

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Answered on 3/10/14, 8:38 pm


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