Legal Question in Civil Rights Law in India

Civil Law

We are lawful tenants of chawl.On 3/3/05 our landlord executed agreement with a builder; however, till date neither landlord nor builder has produced copy of sale deed, MOU,POA to us even after asking for same for no. of times till date.We are in dilemma that who is legal owner of chawl. There is a dispute over the said agreement between builder & Landlord & accordingly, in Aug05 Landlord has served notice to builder for cancellation of agreement & we possess copy of notice.Thereafter Landlord collected rent from us till 31/3/06 & balance rent till date is yet to be collected by him.Few days back we have received 1st notice without any ownership documents from builder�s lawyer claiming that builder is legal owner of chawl & hence entitled to collect rent from tenants from 3/3/05 till date.Whether we have right to ask builder to produce ownership documents before paying rent to him?Whether it is necessary to verify that documents are registered& required stamp duty is paid?Whether simple agreement,POA,MOU(without registration)are sufficient to prove the ownership?Under Right to information act whether we can verify with Registration office that said documents have been registered, as we tenant are the most affecting parties?


Asked on 6/09/07, 12:43 pm

2 Answers from Attorneys

Re: Civil Law

Yes you can get the information from the concern authority about the ownership of the person over the tenanted property and can also seek information abouut title documents.Since there is some dispute as to whom rent has to be paid so you take advise from advocate of your area and deposit the rent in court.

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Answered on 6/09/07, 12:51 pm
G. M. Gupta gmguptaandassociates

Re: Civil Law

there may be a change in local law otherwise move to court of rent disputes (rent controller) and file a case for deposit of rent as you are not aware that who is the rightful owner and make them party to the petition.

for detailed advice please contact with documents. consultation charges will apply.

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Answered on 6/13/07, 4:25 pm


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