Legal Question in Real Estate Law in India

Re: Rights of a Tenant

The lease agreement, if it is valid for more than a year, has to be by registered document. If the agreement in your possession is not registered, your evidence will not be admissible in court. To advise you in a better manner, we need to know more facts and to go through the said agreement.

Re: Rights of a Tenant

It is not clear whether there is any rent control law applicable in your area. If so, sub-letting is absolutely prohibited by most Rent Control statutes. At any rate, since you have come into possession of alternate accomodation, the landlord can evict you on that ground alone. While a power of attorney can be issued, you will be ultimately responsible for costs of the litigation.

Re: Rights of a Tenant

Once you have vacated the place and residing in your house it is illegal to let or sub-let to any one. It is better that you reason with your uncle and give vacant possession, if your uncle does not vacate then you tell the land lord about it, and Give a statement that you have vacated the premises and shifted to your own house, then the land lord will take legal action suitable to him.

Regards

Balasubramanya

Advocate.

Re: Rights of a Tenant

Subletting is a ground for eviction.It is advisable to compromise with the landlord.

Re: Rights of a Tenant

It is not clear as to which particular Rent Control Act is applicable to the tenancy. However, generally all such acts, prohibit creation of sub-tenancy without Landlord's consent. As such, the sub-tenancy created by you is bad in the eye of law.

In your case, practical courses of action will be (1) either you prevail on uncle to vacate and give poseession to landlord, or (2) you hand over possession to landlord by way of a surrender letter.