Want to Renew The Lesse Deed but Tenant is stubborn

Was the lease deed registered?

(1) Since your Lease Deed is for more than one year period and is not registered, none of the clauses will have legal sanctity and legal enforceability. Hence you need not worry at all and even now you can file an Eviction Petition against your tenant without even considering or showing the Deed to the Court (Rent Controller). Even if your tenant uses the Deed for his advantage, the Court will not accept it for evidence, since it is not registered from the beginning. Hence even the reference to Arbitrator clause ousting Court's jurisdiction for disputes will not be in his favour.

(2) Alternatively, you may also file a Fair Rent Petition for new rent as per today's market value of the premises let out to your tenant. You may consult a lawyer who specialises in Rent Control cases of your city.

no sir the deed is not registered.

Gurunaryana rao sir thank you for your valuable suggestion.

Mr. Rao has commented rightly about the lease deed being more than a year and unregistered  but as far as eviction or renewal of lease your problem remains yet to be addressed. Since the rent has ben shown as 15000 PA, I am of the opinion that the tenancy is protected under the rent control laws and therefore the possession can be taken back from the tenant under the provisions of  the same. You can go for increase in rent  but again as per provisions of the applicable Act.  Consult a good lawyer because the position shall remain same even after 25 years.   

Sir, if I want to take  loan aganist property in the bank.Has the tenant right to object it. Or should I take the permission of tenant for doing this. Can I sell the property other than tenant , if the tenant  does't agree for giving the market rate. Please suggest on this.

Tenant has no right to stop you from taking loan from the Bank. You can sell the shopto any one but most of the rent contol legislations have provisions of waiting period before the new owner can get the tenanted premises vacated.  Yet many buyer might come forward to buy it. If you have your personal bonafide need of the shop you can get the same vacated. 

thank you very much for the information  sir. One more doubt sir  , sorry for the trouble. My father 's now age is 70 , can he ask tenant to vacate, so that he  need the shop to business.Even if the lease deed term is not finished. Is it required to prove that my father has attained the age 70, because he has not passed Matric to show his date of birth and he does'nt have any birth certificates with him. Please suggest what to do ?

Thanks in advance.

You can file eviction petition on the ground of personal necessity. The age factor is irrelevant for the purpose. As for as lease term is concerned, you have been advised earlier too that an unregistered lease of more than a year has no legal sanctity. Go ahead and file an eviction petition. Your tenant might be persuaded to compromise in the circumstances. Not taking any action is only a surrender.

Sir,

 I consulted two lawyers; I discussed all of the above suggested points with the lawyers. But both lawyers are of the following opinion.

1) Me and my father cannot file an eviction case because we have already signed the document.

2) He is saying it is not required to register compulsory. This agreement is based on trust, so even if we don’t show the deed as evidence in court, our tenant will produce the same.

2) He is of the opinion that eviction notice to be sent by my brother, saying that he needs the shop for his purpose as he doesn't have any source of income, and me and my father has signed the documents of which he was not aware.

3) Sir please tell me your opinion about this. Sir if you have any lawyers reference in hubli please let me know. I have lost my confidence, and I am filled with full of negative thoughts.

Thanks with Regards

U WERE GIVEN WRONG OPINION BY LAWYERS WHOM U HAVE APPROACHED IN PERSON.U CAN FILE EVICITION PETITION,FOR FIXATION OF FAIR RENT OR BOTH SIMULTANEOUSLY DONT WORRY ABT UNREGISTERED LEASEDEED IT IS ONLY USEFUL FOR SHOWING THE POSSESSION OF TENANT,FILE A CASE(S) THEN SHIFT THE WORRY TO U R TENANT STAY COOL GOOD LUCK

File an eviction petition on behalf of your father on the basis of a bonafide need of his son (your brother). In most of the rent legislations there are provisions of summary  adjudication. Your lawyers opinions in my view are improper in the cirucmstances.    

Thank you very much for all the trouble you took to solve my doubt. I will do as per the suggestion. Thank you very much, I am much obliged to all the above expert Advocates. Thank you very much once again.