Tenant without agreement and owner passed away
vishnuhari
(Querist) 19 January 2019
This query is : Resolved
Sir,
I am tenant. My wife and the owner of the house age 67 are very close like father and daughter relationship who worked in a same company for 2 yrs. The house owner has one daughter who is residing in Doha and his wife passed away before 5 yrs. He constructed an building with total 4 nos of houses in which he stays in 1 and asked us to be as tenant we too accepted for rent rs. 10000 and made agreement after 2 months we asked the owner the rent amount is high but we can give 3 lakh and convert it as lease. He too agreed but no agreement was made. From food and everything we cared on him. One day he passed away at home. Now his daughter doubts we are not lease and saying some valuable things missing inside house and forcing us to vacate the house. We have a dairy where he wrote the amount received from us. Now they forcing us to vacate. And the eb bill paid from our account every month for 2 yrs.
KISHAN DUTT KALASKAR
(Expert) 19 January 2019
Dear Sir,
The daughter of deceased owner cannot force you vacate the premises without an order of Court. You are in permissive possession of the premises and you can approach the Civil Court and get a stay order from eviction. She may approach the Civil Court by filing a suit for recovery of portion etc at that time you may put up counter claim in respect of Rs. 3,00,000/- which was paid to the deceased without any document and prove the same by examining common friends etc.
Please mark “LIKE” if satisfied by my answer.
vishnuhari
(Querist) 19 January 2019
Location: Tamilnadu. We doubt they may issue a theft case and force us to vacate the house.
The owner passed away 30th Dec 2018
vishnuhari
(Querist) 19 January 2019
How to get safe from their threats
Dr J C Vashista
(Expert) 20 January 2019
Daughter of deceased owner has every right to recover possession of demised premises inherited by her.
Contact, consult and engage a local prudent lawyer to protect your interest.
A. A. JOSE
(Expert) 21 January 2019
When your relationship is governed by a subsisting written rent agreement entered into by you with the landlord, your oral understanding has no relevance at all and under the facts and circumstances of the case as well as the situation of the original land owner (late), his daughter may have strong case against you on various grounds, including fraud and theft too, provided she is able to find a good lawyer.
