Legal Question in Landlord & Tenant Law in India

I had been living in Chennai with my daughter in a single bedroom apartment that I had built in a property owned by my mother from 1998 to 2000. I got remarried and vacated my portion in 2000, but left many of my belongings in trunks as I could not take all of them with me. These included private letters exchanged between me and my first husband who had died in an air crash in 1996 and other items like clothes that belonged to my first husband, the awards won by him when he served as an Air Force pilot, kitchen utensils, glassware, crockery, bedspreads, pillow covers, cushion covers, toys and books that belonged to my daughter, music system with two large wooden speakers, etc.

My family and I had moved to Delhi after my second husband�s posting. When we came back after about two years, I was told that the place was rented out to Mr. X who was initially occupying only the ground floor portion of the house. As I was concerned about my belongings, I immediately visited the house and inspected if all my belongings were safe and intact. I noticed that my trunks were in the loft of my bedroom and hall and other belongings kept in sacks in the kitchen, as I had left them. I had told the security in-charge to not tamper with my belongings and leave them as it is in the lofts. He had promised to ensure the same.

A couple of years passed. Mr. X apparently felt it necessary to paint my portion of the house and I was told later that it had been done.

After much persuasion, the tenant finally vacated in 2011. I was shocked and shattered to see my belongings strewn around the apartment, lock of a trunk broken, others left half open in the lofts, my daughter�s toys, clothes and some items missing. That is when I realized that in the pretext of painting the house, my belongings were vandalized and stolen. It caused much grief to me. When asked who was responsible for this, every one including the security in-charge pretended like they were unaware of it and knew nothing.

Can I take any sort of legal action against this tenant?

A couple of years passed. Mr. X apparently felt it necessary to paint my portion of the house and I was told later that it had been done.

After much persuasion, the tenant finally vacated in 2011. I was shocked and shattered to see my belongings strewn around the apartment, lock of a trunk broken, others left half open in the lofts, my daughter�s toys, clothes and some items missing. That is when I realized that in the pretext of painting the house, my belongings were vandalized and stolen. It caused much grief to me. When asked who was responsible for this, every one including the security in-charge pretended like they were unaware of it and knew nothing.


Asked on 4/28/12, 5:50 pm

2 Answers from Attorneys
ranganathan raghavachari R.Ranganathan & Associates

Sorry to tell you that you cannot do anything now because of no proof and also the court will ask you what precautions you had taken all these years.

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Answered on 4/28/12, 7:18 pm
Fca Prashant Chavan Expert Edge LLP

29.04.2012

Dear Madam,

The following issues need to be addressed :

1) Who rented out the place to 'X' in your absence in 2000 or earlier ?

2) Who was collecting the rents during the entire period from 2000 to 2011 ?

3) Was any deposit collected from "X' for occupying the place and if yes, who had received the deposit ?

4) Who took back the keys of the premises from "X" when he ultimately left in 2011 ?

You can mail me the replies for further on-line legal advice at [email protected]

Regards,

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Answered on 4/29/12, 7:16 am


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