Delhi rent control act.
Querist :
Anonymous
(Querist) 01 October 2011
This query is : Resolved
Hello,
My ailing mother who is bed ridden now gave me all the rights including rights to usuage of the property and to file cases in courts also .
As i now need property for my and my mothers livihood and me and my mother do not have any other commercial property except the said one on which i am a tenant and from where i earn my families livelihood .
Can I file the case of eviction against the tenants for Bonifide usage u/s 14 (1) (e) on my name or should it be in name of my mother .
Thanks.
prabhakar singh
(Expert) 01 October 2011
YES YOU Can file the case of eviction against the tenants for Bonifide usage u/s 14 (1) (e) in name of YOUR mother, join your self as co- applicant[as land lady she must be joined as main applicant].
Querist :
Anonymous
(Querist) 01 October 2011
Will her signatures be needed as she cannot sign anymore and she has given me a valid Regd. Power of attorney.
prabhakar singh
(Expert) 01 October 2011
Check with an advocate if PoA is properly drafted to meet the requirements of a court case,if not,let her be a party ,if she can not sign,let her put her RTI.with statement note that old age has caused tremor so she can not signed.
Querist :
Anonymous
(Querist) 01 October 2011
The POA clearly mentions that i can sign on her behalf and file any court case on her behalf.
Querist :
Anonymous
(Querist) 01 October 2011
But if she cannot sign wont the basis of eviction u/s 14(1)9e) drop on its own that she does not need the shop for her own business.
Raj Kumar Makkad
(Expert) 01 October 2011
As you have become landlord so file petition directly on your behalf first intimating such tenant in writing on behalf of your mother by way of a registered letter. It shall suffice and then there shall not be any hurdle to get eviction for your own use.
Querist :
Anonymous
(Querist) 02 October 2011
How have i become a landlord, the title is not transferred with POA to the son i suppose.
prabhakar singh
(Expert) 02 October 2011
It is true you are not a land lord ,land lady is your mother,but she can very well seek the shop vacated even stating this fact that she has gone old and her son who has turned is young with burden to maintain her but has no employment ,if shop in question gets vacant,he can very well run any trade and earn a lively hood for her bread butter and medical expenses.
I fail to think how section referred by is drafted that it will create a hindrance to such pleading.I have no copy of the Act.So either take a little pain to attach that here,or please visit your lawyer there to get washed the doubts.
You must understand that there is a limit and several handicaps for a consultation of the type you have approached,it can be help full guidance to those who are fairly innocent about law or junior lawyers but not to those who know law as GK but and also want to pre practice the argument just for their zeal satisfaction.
