Leased house
Rakesh
(Querist) 14 March 2014
This query is : Resolved
Hi Friends,
Please let me know if house is leased for 2 years and the Leased Deed or Mortgage Deed is not registered but notorised and the Lessor is making delay in returning the Lease amount to the lessee after expirey of Agreement, What legal action can be soughht for this?
prabhakar singh
(Expert) 14 March 2014
An unregistered lease for period of over one year is VOID.
An agreement which is VOID is not enforceable at law.
But lease has already expired.And even an unregistered deed can be looked into for collateral purposes.
In addition even under a void agreement law puts parties at PAR hence on refusal ADVANCE OR REFUNDABLE DEPOSIT PAID AS SECURITY CAN BE REALIZED BY A LAW SUIT with in a period of three years from the date of payment.NOTICE BY A LAWYER THOUGH NOT LEGALLY REQUIRED BUT DESIRABLE MORE PARTICULARLY IF CLAIM OF INTEREST IS ALSO INTENDED TO BE MADE.
Rajendra K Goyal
(Expert) 14 March 2014
Agree with the expert prabhakar singh ji, send legal notice, if matter is not resolved amicably and file case for recovery of money.
T. Kalaiselvan, Advocate
(Expert) 14 March 2014
Taking the unregistered lease deed as a receipt for money, initiate legal action through court of law for recovery of money from the lessor.
Rakesh
(Querist) 15 March 2014
Alright, Now the Lessor has aslo manhandled the Lessee and caused minor injury on visit to his place for which an FIR has been filed, will this make the recovery case strong?
prabhakar singh
(Expert) 15 March 2014
It won't have any great bearing on civil case of refund of deposit except that it may be relevant why both quarreled togather provided it has been stated in the FIR?
A REMINDER :Whenever come COME with full facts.It does not suit me when some body keeps some facts reserved for
future to take a new turn.
Rakesh
(Querist) 15 March 2014
Alright, Thank you so much sir.
