Vacation of apartment after lapse of agreement

Querist : Anonymous (Querist) 15 December 2011 This query is : Resolved
My son got an apartment.and he has given me power of attorney to deal with his property. I gave it for rent for Rs. 15000/- per month from 12-8-2011 for a period of one year and to be extended on mutual agreement.If the tenent continued, the rent will be increased At 10%. We entered into agreement on Rs 100/- stamp paper bit it is not registered.After completion of one year. i. e 12-8-2012, when he was asked to enter agreement , he refused to sign agreement.he was asked to vacate. and a lawyer notice was given giving 2 months notice as per agreement to vacate on 29-9-2011. Inspite of acknowledging on 30-9-2011, he did not vacate .He is also irregular in payment of rent since he occupied the flat.
please advise me in this issue.

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ajay sethi (Expert) 15 December 2011
you ought to ahve got the agreement registered . have you paid proper stamp duty on said agreement ?

if inspite of legall notice he has failed to vacate you will have to move the competent authroty for vacating the licencee.

did yoy take any security deposit?

what is clause in your agreement regarding penal rent to be paid in case of failure to handover posession ?

aks your lawyer to do the needful

Nadeem Qureshi (Expert) 15 December 2011
Mr. Ajay's Question is very relavant & neccesary to give nay advice to you.

sanjeev murthy desai (Expert) 15 December 2011
It is advisable to file a eviction suit in jurisdictional court.

Raj Kumar Makkad (Expert) 16 December 2011
repeated query which has already been replied in details.

Sailesh Kumar Shah (Expert) 17 December 2011
refer to earlier reply.

adv.bharat @ PUNE (Expert) 28 June 2016
refer to eviction suit in court.

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