Can file eviction case in court against tenant?
Querist :
Anonymous
(Querist) 30 November 2011
This query is : Resolved
i gave the flat on leave and license basis for the 11,month to tenant,they paid the compensation for the 3,months further not pay the rent on time i orally communicate to give rent on time but they refuse and also further not giving any rent for 2,months, can i file a case in court,but the agreement neither registered nor a notarized how to evacuate the tenant from home, pls give favorable recommendation.
adv. rajeev ( rajoo )
(Expert) 01 December 2011
First issue notice vacate the house for not paying rent, then file a suit for eviction.
Advocate. Arunagiri
(Expert) 01 December 2011
If they fail to pay rent, you can file a petition for eviction also you can get a direction to deposit the rent till the disposal of the main case.
V R SHROFF
(Expert) 01 December 2011
LL is always in your legal possession.
Go & reside there.
Licencee cannot stop you entering into your flat.
What document he have to prove any right, title or interest to reside therein? Your Agr is not registered, so he too cannot stand on that ground.
Will you send him notice at the address and prove he is in possession? Pl don't do it.
He s trespasser.
Devajyoti Barman
(Expert) 01 December 2011
Send a notice to quit and then file a suit for eviction of licensee.
prabhakar singh
(Expert) 01 December 2011
Where the property is located?
Whether the agreement is in writing[may be not registered or not notarized]??
If yes !then whether opposite party also has any copy thereof.???
Querist :
Anonymous
(Querist) 01 December 2011
Sir, property is located in mumbai and agreement is not registered and not notarized and opposite party has copy of agreement,how i file eviction case in court,and i also give notice to vacate my flat.
ajay sethi
(Expert) 01 December 2011
when was agreement entered into?
Under the provisions of section 55 of the Maharashtra Rent Control Act,1999 a leave and licence agreement is required to be registered under the Registration Act,1908,which in turn provides for registration with the Sub-Registrar
registartion can be done within period of 4 months of execution and if it was not possible to regsiter it then make an applicatin for registartion within additional 4 months and pay penalty .
request the licenceee to come for registartion of agreement . do not insist on rent now .
wheter doucment has been adequately stamped?
prabhakar singh
(Expert) 01 December 2011
In view of the law in your state as pointed out by expert Mr.Sethi,filing case against the tenant and proving the same in absence of registration would be a very difficult task for a land lord because according to law when agreement is unregistered pleadings of all terms of tenancy pleaded by tenant shall prevail against the pleadings of land lord.
Mr.Sethi is from mumbai.you better consult him with your agreement.
If you wish to consult him you can seek his appointment on following address :
email id : ajaysethi64@gmail.com mobile no 9820087763
address: 307 , Natwar Chambers
3rd florr ,
nagindas master road
Fort .Mumbai 400023
Rajeev Kumar
(Expert) 01 December 2011
Agree with Prabhakar sir
Querist :
Anonymous
(Querist) 01 December 2011
sethi sir, document has made on Rs.100/- stamp paper. but no stamp duty has to be paid on.
Shonee Kapoor
(Expert) 01 December 2011
I believe you can still register the agreement by paying penalty.
Also don't approach court, w/o issuing a notice to the tenant.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M/s. Y-not legal services
(Expert) 03 December 2011
since documents for only 11 months its not necessary to be registered.,
so you proceed further.,
Querist :
Anonymous
(Querist) 03 December 2011
yes property is located in mumbai(thane)
ajay sethi
(Expert) 03 December 2011
if property is situated in maharashtra agreement has to be registered irrespective of perod of licence . document is also understamped .
