Eviction of rented shop

Gurvinder Singh (Querist) 28 May 2018 This query is : Open
Dear sir
A shop was given on rent by my grand father. Among my uncle who is NRI (all other uncles including my father are no more) can file a suit under Punjab Rent control Act . Pl. suggest

Regards

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Ms.Usha Kapoor (Expert) 29 May 2018
Yes yo9u can file a suit against your tenant on low rent in Punjab Rent control Act.. Supreme court in its landmark Judgment in 2011 gave some guidelines to cover cases like yours.
NEW DELHI: The Supreme Court has drafted a model landlord-tenant agreement promising tenants five years of peaceful stay in the premises if they give rent at market rate, increase it by 10% every three years and pay the property tax for the house.
It asked the tenants to pay up every charge accrued on the house to enable the landlord get the rentals without any deduction.

For further information on this Supreme court Judgment you click the following link.
https://timesofindia.indiatimes.com/india/Supreme-Courts-model-rent-agreement-assures-tenant-5-yrs-stay/articleshow/8328837.cms

Guest (Expert) 29 May 2018
Hitting in the dark may not help you in any way, unless the property is inherited legally by the legal heirs and subsequently authorised by the legal heirs. Presently, you do not seem to have any right to sue the tenant on behalf of your grandfather.

Ms.Usha Kapoor (Expert) 29 May 2018
You read the land mark Sc judgment Sir. The landlord can sue in Pu8njab Rent control aqct for increase of rent on par with Market value and said the landlords to collect 10% increase of rent every 3 years.I've provided a link to the supreme court Judgment. above.

Guest (Expert) 29 May 2018
You should First Obtain the Legal heir certificate of your grand father and affidavits authorizing you to file the case on behalf of them also. then only you could start your Legal Proceedings.Discuss with local Advocate.

P. Venu (Expert) 29 May 2018
Are the late grandfather's properties still in common enjoyment of all the legal heirs? In other words, have the properties not partitioned? Who is in possession/occupation of the building?

Eviction of rented shop

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