Legal Question in Real Estate Law in India

Sir/Madam,

I had given my house or rent (situated in Sec-22, Noida) to a local fellow around 7-8 months. The house was rented on mutual consent and oral terms and conditions [i.e. No rent agreement was executed].

Since then the fellow is residing in my house along with his family and paying the rent. However, no rent receipt is given to him, neither he ever demanded the same.

Now we want to sell the flat and have made a deal with the buyer. However, the tenant is not occupying the flat tries to linger on every time whenever he is requested to vacate. I have been requesting him from the past two months. On the other hand, the buyer is insisting to execute the final sale deed [since he has paid the initial payment]

I am a senior citizen, and financially weak. I made a deal to sell my house just to earn something to cater my hospital / health expenses etc as I do not keep good health now a days. In addition to this my husband is also facing ample health problems. At present I am residing in South Delhi.

Please advise me what to do, as I am helpless and need your valuable advice urgently.

With regards


Asked on 10/17/12, 12:01 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Proceed further in accordance with law.

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Answered on 10/17/12, 4:36 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you have not executed a rent agreement and this is one thing he is taking an advantage of. But in the absence of license deed, he will be considered a licensee and you may file a suit for possession in the courts at Gautam Buddh Nagar (Greater Noida). you need not worry as you are a senior citizen so your suit would be decided expeditiously. you may contact me at the numbers given below so i can assist a senior citizen to secure justice.

www.karvai.in

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Answered on 10/17/12, 9:17 pm


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