Tenancy law
bharat
(Querist) 04 April 2013
This query is : Resolved
we have commercial rented property in old Delhi, Rent agreement was between Mutwali & three persons.
Now All the three have been expired .Now the Mutwali refuse to accept legal heirs as tenant though one of the legal heirs serve the notice to add name in tenancy right long back but he did not .
Now what would be status of rented property which belongs to Muslim family waqf.
could he ask the vacate the premises or we can contest the case to add our name as legal heirs.
prabhakar singh
(Expert) 04 April 2013
IS THERE ANY TENANCY IN WRITING?
HAVE YOU BEEN PAYING RENT REGULARLY AGAINST RECEIPT?
WHAT IS THE RATE OF RENT PER MONTH?
Raj Kumar Makkad
(Expert) 04 April 2013
As per facts provided by you, the tenancy is very old in writing and the original tenants have died.
In the given facts, Mutawalli cannot evict suo-motto as desired by him. Legal heirs automatically become tents except married daughters as per Delhi Rent Act.
You need to deposit the rent before Rent controller. Engage a lawyer and move ahead.
Devajyoti Barman
(Expert) 04 April 2013
Mutawali is free to terminate the tenancy at any point of time. however that does not mean you will have to vacate the premises soon.
Let him file a suit for eviction first.
bharat
(Querist) 04 April 2013
Last Rent Agreement was written in 1972 in the name of three brothers otherwise property is with us since 1940. One brother died in 1977 another died in 1984 & last one was died in Feb, 2013.
In 1984 legal heirs of second brother serve notice to add legal heirs name in receipt as he issue receipts in urdu.& third brother who died recently .he has served notice that mutwali will not accept any one tenant after the death of third brother. On 30th rent cheq was sent to him by hand & refused to accept on the ground that my all tenants r no more & can not accept rent.
Cheques is always given to him from our partnership firm a/c & show in the books of a/c.as rent paid.
The original owner of the property is not alive & they have legal heirs in Delhi Pakistan & Bhopal.
Mutwali stays in Delhi. Monthly Rent is now Less then 500 per month at present. please advise accordingly
bharat
(Querist) 04 April 2013
yes , we are paying rent regularly
prabhakar singh
(Expert) 04 April 2013
Why are you worried then .?Just continue to pay rent regularly.you would be safe.
ajay sethi
(Expert) 04 April 2013
agree with prabhakar singhji
bharat
(Querist) 04 April 2013
but the question is that after death of 3rd brother in feb,2013 . He refused to accept rent cheque
prabhakar singh
(Expert) 04 April 2013
But the refusal might not be in writing.Send
a money order stating his refusal of cheque and claiming to be heir of the deceased tenant on the intimation space of the M.O. form,if he refuses to accept M.O. too then you can move to the court of jurisdiction and apply for deposit on the ground of his refusal.Now you need a local lawyer dealing cases under delhi rent control Act.
