Can widow recover their property from teanant using 14D DRC?
Guest
(Querist) 17 July 2009
This query is : Resolved
Can a widow owner get back her premises from tenant using 14d of Delhi rent control act-read full before answer?
Please explain practical use of Section 14-d, which was inserted in 1988 in Delhi rent control act, according to which if a widow has given a property on rent and if she demands, she can get an immediate recovery of her property. Is it true?When I discussed with 4-5 different advocates, none was aware of this provision. Why is it so that most of the advocates don’t even know about this provision, is it not in practice and if yes why? What is the meaning of word “Immediate Recovery of possession”, how much “immediate” it is? Practically how much time is taken by courts to resole such cases i.e. cases filed by widows under section 14-d of DRC? Can I get some record of Court decisions and other proceedings of such cases during last one year? What if the complainant, i.e. widow dies during court cases? Would her children or legal heir be given the same value by the court or the whole scenario of the case will be changed and the case will go on dragging for decades?
Actually my mom is that widow and I am her only child? I am living separately and she had a single property of two rooms in her name of which half portion she gave on rent to a single man, now he is not even paying the rent, and harassing my mom in different ways?
We never entered any written agreement with that tenant and we have never given him any receipt of rent also. Neither we nor he has any written proof of tenancy or rent mutually settled. Actually the rent of that property is below Rs. 3500/--per month.
We are thinking of filing a suit against him under 14-D of DRC, we even fear that my mother may be killed by that tenant because she is living alone there in that house.
Is there any provision of filing some summary suit in such cases through which we may repossess our property quickly? Please suggest the best, quickest & easiest legal way get our property’s possession back. Plz. help, we are in great trouble.
5 hours ago - 4 days left to answer.
Kiran Kumar
(Expert) 17 July 2009
14D. Right to recover immediate possession of premises to accrue to a widow. - (1) Where the landlord is a widow and the premises let out by her, or by her husband, are required by her for her own residence, she may apply to the Controller for recovering the immediate possession of such premises.
(2) Where the landlord referred to in sub-section (1) has let out more than one premises, it shall be open to her to make an application under that sub-section in respect of any one of the premises chosen by her.
well one thing i must tell u that litigation based upon the aforesaid section might be a little less so a few no. of lawyers may not be aware of this provision.
dont think immediate means instantly, a petition is required to be moved with the Rent Controller....though legally Rent Controller's court is not a court but just a tribunal....still it would take some time to have possession of the property.
unfrotunately in India the Landlord suffers.
my suggestion better would be in addition to above provision make a ground for bonafide necessasity only.
like u r intending to shift to ur mother becuase she is widow and growing old therefore needs spl care and attention...so with ur tranfer to the same property more space is required for proper living.
u may make a complaint with the police that the tenant is harrasing ur mother and is intimidating ur mother and u suspect he will kill ur mother....if possible give an application from ur mother's side.
police may not act further but atleast will record a DDR.
but dont delay the matter for filing of petition and u should be ready with ur evidence, ur readiness also contributes to the earlier disposal of the matter.
Uma parameswaran
(Expert) 17 July 2009
I am supporting the opinions given by L friends. Land owner wanted to prove that the building is let out by her or her husband.
H. S. Thukral
(Expert) 23 July 2009
The tenant has to seek leave to defend the case. It is speedy provision. Tenant has to file an affidavit within 15 days pleading why leave should not be given to him to defend the case. If the case is bonafide, the same can be resolved within a year. Go ahead and plead that your mother, requires the rented accomodation for her personal needs. Law as observed now a days is favouring lanlords.
