Legal Question in Landlord & Tenant Law in India

leave&l ; rights-;protection to leasee

i am a widow having a kid of12yrs.yr06 my husbd. entered l&l agrmnt for 11months;it expired jan07. meanwhile my husbnd expired& icould not pay arrears standing at rs. 30000/- landloard(unmarried lady) pressurising/thretenning for arrears&possession. what are my legal rites? how to get free legal aid? will i be able to protect my possession? will landlady be able to forcibly take possession? what are the option available for me? i am depressed; kindly guid.


Asked on 4/17/08, 4:02 pm

4 Answers from Attorneys

Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: leave&l ; rights-;protection to leasee

If you believe in law you have to go by contratc of leave and licence and finish the liabilty and pay the dues first if any pending thereafter think of your rights and chances

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Answered on 4/18/08, 10:36 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: leave&l ; rights-;protection to leasee

If L & L agreement has expired it is better to vacate the premises if the agrment has not been renewed.

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Answered on 4/21/08, 10:39 am

Re: leave&l ; rights-;protection to leasee

The Law is very clear, the possession can be taken only through civil remedies, even the Police have no authorities and jurisdiction to interfere.

In Court, while continuing paying rent, you will be able to defend your possession for 2-5 years time.

In these circumstances, you need to think justified and make the landlady understand your position as well as you should make efforts to pay monthly rent and search for another accomodation.

Legally, the court generally grants amicable time of 1-2 years subject to payment of rent.

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Answered on 4/18/08, 12:04 am

Re: leave&l ; rights-;protection to leasee

Landlady can not take forcible possession.Take assistance of legal cell which shall be situated in district court.

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Answered on 4/19/08, 4:57 am


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