Affidavit cum undertaking

Shailesh Vakil (Querist) 19 November 2019 This query is : Resolved
We are residing in Pagdi type building in Mumbai since last 58 years. Our rent receipt is in the name of my father and uncle, who is not residing at same place since last more than 50 years. Now we want to remove our uncle's name from rent receipt. Landlord is saying to get affidavit cum undertaking from my uncle. My uncle is ready to give the same. Where can I find draft affidavit cum undertaking? Can someone help.

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Guest (Expert) 19 November 2019
Meet an good Senior document writer at near by Registrar Office or an Advocate in near by Please

kavksatyanarayana (Expert) 19 November 2019
Consult a well knowledge lawyer for making an Affidavit.

N.K.Assumi (Expert) 20 November 2019
I am of the view that, as per the Best Evidence Rule, only the original documents that creates the rights and interest between the parties needs to be amended, to removed your uncle's name, and not by way of affidavit as suggested by your landlord. This is because of the facts that affidavit is only a unilateral act..

Dr J C Vashista (Expert) 21 November 2019
Transfer of tenancy on pagdi system is admissible in law???
It is advisable to consult a local prudent lawyer for better appreciation of facts/documents, guidance and proceeding.

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