Legal Question in Landlord & Tenant Law in India

Is eviction possible in this case?

Sir,

Me and my family have been staying at our place under pugdi system for more than fifty years.

The rent receipts were on the name of our grandfather who expired on 5 October last year, we have been paying rent regularly to the land lord. Recently we wanted to transfer the name on the rent receipt of our place in the name of my father(all father's brothers and sisters have agreed to it and have signed the letter stating the same).

Dont know why but our landlord is telling that he is not willing to transfer the name as of yet, we have already given the related papers to him and got a copy of it acknowledged by him.

It has been a month since then and he is only telling that he is not willing to transfer the name on the rent receipt as of yet.

Can the land lord evict us in this way stating that since my grandfather is dead and it was his name on the rent receipt so me and my family can no longer stay here.


Asked on 10/28/12, 11:33 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

30.10.2012

Dear Sir / Madam,

No. Eviction is not possible in your case.

You have followed the procedure as required by Law, and the landlord is duty bound to transfer the tenancy rights in the name of your father, who remains the legal heir.

I suggest you issue a final reminder to the landlord stating that if he fails to transfer the tenancy in the name of your father, you will be forced to issue him a legal notice to comply.

In no way, can the landlord seek your eviction from the premises.

Regards,

FCA Prashant Chavan

Mumbai

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

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Answered on 10/30/12, 7:33 am


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