No objection letter and vakalatnamah
Murshid Alam
(Querist) 20 June 2014
This query is : Resolved
I am one of the co-owners’ of a property( 3 –storied building ) under Kolkata Municipal Corporation. The other co-owners are my elder brother, who is staying in the same premises with his family and my elder sister lives out of Kolkata. Other 7 flats are occupied by tenants. My father died intestate on 11.9.1993 and my mother passed away on 10.3.1996. Since my mother’s demise , my elder brother is collecting rents from the tenants, being the the elder son. He sends me the statement of receipts & payments a/c. of the rents collected debiting the expenses incurred for maintenance of the building every 3 months. One of the tenants is not paying rent since more than a year, after my elder brother sent him a legal notice asking for enhancement of rent as per West bengal premises tenancy act ( amended), 1997. Since then according to my brother ( as he is managing the estate ), the tenant is tendering the rent before the Rent controller. Now my brother is preparing to file an application u/s 17(6) of the west Bengal premises tenancy act,1997 before the Ld. Addl. Rent Controller at Alipore, kolkata. My elder brother would sign the application as the deponent identified by our Advocate, ( appointed by my brother). Myself and the other co-owner( my elder sister) would sign in the vakalatnama. My sister has already signed on the same and it has been handed over to me due for my signature. In the past, due to certain reasons, whatever it had had happened; frankly speaking I lack complete trust in my brother. My brother initially asked me to sign on the blank vakalatnamah, which he would get it filled up by his lawyer on the day of filing the application. I refused to the same,as I never wanted to sign on the blank vakalatnamah. I agreed to give a letter of no objection regarding filing of the suit with the rent controller. But, apart from the no objection, he wants me to give him in writing that I am unwilling to sign on the vakalatnamah. I fail to understand why is being hell bent on my signature on the vakalatnamah. Here, the tenant is neither paying the old rent since more than one and half year nor he has ever bothered to respond to the proposal of enhanced rental. I have checked up records with the rent controller office if the tenant has made any tender, but, did not find anything. My brother is skeptic to file a suit of ejectment against the tenant in the munsif court. He said that would take many years. Rather, he would apply for enhanced / fair rent and if the tenant disobeys the order of Ld. Rent Controller advising for enhanced, then he shall redress the munsif court for ejectment suit. I do not have reservation on giving a no objection in writing, but why is my brother asking me to give him in writing that I am not willing to sign on the vakalatnamah, nevertheless, I consent to file? Should I do as my brother wants? I am in a state of a bit of confusion? Please advise me.
----- M.Alam, Kolkata
Devajyoti Barman
(Expert) 20 June 2014
Your brother does not seem to be aware that such proceeding before the Rent Controller and that too in Alopore Court lingers for some time.
If you are skeptical about the actual plan for your brother then you can engage separate lawyer to keep watch on the proceedings.
Dr J C Vashista
(Expert) 21 June 2014
Contact, consult and engage a local expert.
I personally feel and advise you to take an appointment with Mr. Devajyoti Barman, an expert, to protect your interest and benefit.
ajay sethi
(Expert) 21 June 2014
engage a separate lawyer on your behalf
Rajendra K Goyal
(Expert) 21 June 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Misappropriation-of-family-property-revenue-432296.asp#.U6UY-7FKqRQ
http://www.lawyersclubindia.com/experts/Misappropriation-of-property-funds-442446.asp#.U6UZj7FKqRQ
http://www.lawyersclubindia.com/experts/What-if-i-sign-on-a-blank-vakalatnama--474201.asp#.U6UZsbFKqRQ
http://www.lawyersclubindia.com/experts/Further-questions-on-what-if-i-sign-on-a-blank-vakalatnama--474266.asp#.U6UZ2LFKqRQ
T. Kalaiselvan, Advocate
(Expert) 24 June 2014
