Pagdi system room - query
CCP
(Querist) 17 April 2012
This query is : Resolved
Hello Everyone,
- My Father has got a rented room in Suburb of Mumbai in a Chawl.
- He was occupying the said room since 1958 upto end of 2007.
- Post 2007 he is staying with me in a flat.
- That room is kept vacant since then.
- Landlord accepted rent till 2007 & has disowned the chawl saying that the chawl is sold to a builder. But no written information given to us/tenants.
- There is no interest of builder to develop that chawl as of now.
- We sent Rent to the original landlord via registered post till about 2010.
- We still have Ration card registered with his name from that said room in the chawl. My & my unmarried sisters name are also included.
- We still have electicity supply with independent meter to my Fathers name for that rooom. Though there is negligible usage.
- We still have Voter I-card from that rented room.
Query -
- For the unpaid rent for which we do not have any aggreement as to whom to pay the rent to, what could be the consequences?
- I plan to sell that room. What documents are generally required to be submitted to the buyer? with buyer taking responsibility of name transfer from builder.
- what should the sale aggreement specify / include?.
- Are there are any chances of forgery if copies of the required documents given to buyer?
Raj Kumar Makkad
(Expert) 17 April 2012
In legal terms, a tenant has no right to sell the property but in practical aspect the possession is sold. So it is the satisfaction of the 'buyer' to see which documents he requires.
So far possession over the mentioned room is concerned, it is very much proved by way of the documents you mentioned in the query. The buyer may take the entire documents with an affidavit and rent receipts from your father while purchasing.
If you get the sale consideration in full then there is no question of any fraud etc. from the side of the buyer.
Shonee Kapoor
(Expert) 17 April 2012
Nothing to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
CCP
(Querist) 18 April 2012
Thank you very much Mr. Makkad !
Can you please help me understand about the consequences of non-payment of rent - - Although i have sent the rent through chqs & that too via Regd. AD post upto 2010 (still not sent for ~ 15 months).
- There is no written information to us as to whom the rent is payable to.
Also thanks to Mr, Kapoor for his review & comments.
prabhakar singh
(Expert) 18 April 2012
Rent is an obligation tenant must discharge.
Failure to pay rent gives right to land lord to take back his possession from his tenant.
If due to subsequent development a tenant is confusion about the fact to whom the rent is payable,after taking appropriate action,tenant should deposit it in court.
CCP
(Querist) 18 April 2012
Thanks to all - for all the valuale advice !!
