Legal Question in Landlord & Tenant Law in India

Dear Sirs

We are staying in a Pagdi Building, my Father & Mother have expired, The landlord has stopped accepting my rent for the past few years, I have sent the same by registered post but the same is returned not accepted, also have conusulted few laywers who have opined that since the landlord has refused he is at fault & there is not problem for me, is it possible to deposit the rent i court even if there is no case or suit pending.

Was also told that even if the landlord serves notice on me court gives me 6 months to pay - is the same correct

please answer - or mail me please at [email protected]

also let me have contact nos of any good laywers dealing in such cases.

Thanks

James Lobo

Mumbai


Asked on 2/08/13, 2:22 am

4 Answers from Attorneys
Somnath mukherjee

tender the rent to the office of the rent controller

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Answered on 2/08/13, 2:39 am
Fca Prashant Chavan Expert Edge LLP

08.02.2013

Dear James,

Since your parents have expired and if you are the sole occupant of the house with your family, you should approach the landlord to issue the rent receipt in your name as the legal heir. You have to give the landlord a letter along with the Death Certificate (DC) of your father or mother in whose name the rent receipt was being issued or enclosing both the DCs, requesting the landlord to issue you a letter for the transfer of the electricity bill and the landline telephone bill, which may still be coming in the name of your deceased father or mother, to your name. In all likelihood, the landlord may demand an increase in rent and agree to receive all the arrears of rent from you, to issue you the letter, which you may favourably consider, since it lies in your interest to get the transfer of the tenancy in your name.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 2/08/13, 7:54 am
Jayesh Desai Jayesh Desai

You need to file a RAD suit in Small Causes Court for this purposes.

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Answered on 2/08/13, 9:32 pm


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