Legal Question in Real Estate Law in India

Tenancy

Hi . I own a flat in Mumbai. I have rented it to my tenant. This was done about five years ago. The deed was valid for only 12 months. Pursuant tothe new leased property registration rules, I did not make any fresh agreements. The tenant neither pays me rent now. Need clarification as under : I wish to claim the property back and claim the unpaid rent too. Can he pose any issues given that he has a ration card and gas connection in the address of the flat? I however pay Reliance enrgy bill and soceity bill. I also wish to chec that as the building is going for redevelopment can he create issues to exit. What are my remedies? Can I ask him to leave as there is no agreement anymore? Can I claim the rent? Will he be difficult? He is going around telling people that he has purchased teh flat. This is creating some doubts.


Asked on 1/06/09, 3:19 am

4 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: Tenancy

Under new law effective 2000, duty is casted on owner to register the document of letting of premises.

You need to approach the Court for various available remedies. Consult your lawyer with all the details.

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Answered on 1/07/09, 3:45 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Tenancy

Hello.

First of all make sure out of so may things what you want to do. take the rent or enter into a new agreement.

I would advise you to approach the civil court and file appropriate suit and dont worry at no cost the property can be your tenants ownership.

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Answered on 1/06/09, 3:38 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Tenancy

You are entitled to seek eviction of the tenant in accordance with law. The ration card and gas connection or any other documents proving his residence will not be any impediment in your way. You are also entitled to recover the unpaid rent.

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Answered on 1/06/09, 6:49 am
Prof.Somnath Mukherjee s.mukherjee associates,09874053359

Re: Tenancy

You may entitled to get eviction

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Answered on 1/06/09, 12:06 pm


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