Rent dispute
Querist :
Anonymous
(Querist) 30 March 2021
This query is : Resolved
Rent Dispute:
I am one of the co-parcener of HUF and our partition suit is pending in court for hearing, and the partition suit is filed recently including all the Properties which are in the name of different co-parceners of the HUF. one of the family property is being given on rent and rent has been regularly paid by the tennats to me only, even though the property is in the name of another co-parcener, and the above practice is followed by the tenants since from 2014 to till date.
Now that another co-parcener, taking the advantage of property documents in his name, he has filed eviction suit against the tenants by giving reason that the tenants has not given rent since from 1 year inspite of several legal notices.
Full sale consideration for purchase of the above property has been made by me only through Cheques and bank loan repayment, and cheques issued by me to the seller are all reflected in the Sale Deed itself and due to some genuine legal reasons I am unable to register the above property in my name.
Please note down that the rental agreement executed in the year 2014 for 11 months and thereafter there is no more rental agreements executed.
Under such circumstance, I would like to know below things from the Experts:
1) That another co-parcener is having legal right to evict the tennats? Even though tenants are regularly paying rent to me since from 2014 and the partition suit is pending in another court in another city.
2) Validity of expired Rental Agreements?, and the position of tenants in case of expired rental agreements.
3) Shall I argue before the court that our Partition is still pending before the court and stay the proceedings till final disposal of Partition Suit?
4) Best legal option available for me to receive rent without evicting tenants.
Thanks in Advance.
Querist :
Anonymous
(Querist) 30 March 2021
Still matter is unresolved
Advocate Bhartesh goyal
(Expert) 30 March 2021
( 1 ) No, There is difference between owner and landlord of property.One is owner of property whose name property is registered in municipal or Govt record and a person is called landlord who receives the rent or issues the rent receipts to tenant or whose name rent note or rent agreement has been executed by tenant.In your case though property has been purchased in other co-parcners name but rent is being received by you for last seven years so you are the landlord for that property and only you can evict tenant with due course of law.
( 2 ) Expired rental agreement can be looked/considered for deciding the issue "relationship between landlord and tenant"
( 3 ) No
( 4 Contact to local prudent lawyer who will guide you better.
kavksatyanarayana
(Expert) 30 March 2021
1) The property is in the name of another coparcener. so the rent shall be paid to the owner of the property i.e. to the person in whose name the property is registered. If you collect the rent, it shall be handed over to him. (2) If the lease period has lapsed, then it may be continued with the same tenant or other by mutual consent and mention in the lease deed. (3) No. (4) How do collect rent as the property is not in your name?
Dr J C Vashista
(Expert) 01 April 2021
Well advised by experts, I agree.
However, you have already engaged/ paid an able, competent and intelligent lawyer, did you seek his/ her advise, who is well aware about the facts / circumstances / documents of the case ?
krishna mohan
(Expert) 01 April 2021
Whomsoever is owning the title of property is the landlord to receive rent. Well advised by experts. You can take the help of your lawyer to protect your interest with the available documents you are holding to prove your ownership.
