Rental property
Raj
(Querist) 30 August 2013
This query is : Resolved
Hello Sir/Madam, my name is Raj, and I will appreciate it if you could answer my query.
My grandfather rented a flat in the early 1900 in Shivaji Park, Mumbai, and used to pay a rent to the landlord on a word of mouth basis without any written agreement/lease. After the demise of my grandfather, my grandmother used to stay there till 1980. After that, we did not live there, but have still not given up the flat to the owner, and have kept some furniture in there. Although no one stays there, the electricity bill which comes in my grandfather's name is being paid by me.
The owner who was my grandfather's contemporary passed away leaving the legal matters to his granddaughter. My father tried to pay the rent several times to the owner's family, but they kept refusing it. They have also not given us a written notice to vacate, or a written notice of the expected rent now. The new owner (granddaughter) has only expressed verbally that we should hand over the keys as no one is physically living there. Now, I want to physically move in with my family, and live there. Is this legally allowed. Also, can she demand the increased rent as applicable in these day and time without any prior written notice. Also can she evict us if we stay there.
Please let me know your opinion, and what needs to be done. Thank you very much.
-Raj
prabhakar singh
(Expert) 30 August 2013
You should hop in soon.
Rent she can claim but enhancement can not be done without notice.
she can not evict you without decree of court.
You should sent her all due rent by M.O.{money order by post office (someone asked what is M.O.)}if returned send notice asking in which bank account of hers' rent should be deposited.If untold,apply for deposit in court.
Advocate M.Bhadra
(Expert) 30 August 2013
The landlord/owner can enhance the rent which is called "fair rent"by filing a suit or she can file a suit for eviction in Civil Court/Rent Controller on reasonable requirement ground as per provision of respective Premises Tenancy Act.Tenancy right may be extend three years from the date of death of original tenant.For your defend you can take possession and send rent by post failing which you can deposit it to the Rent Controller.If there is any disturbance to take possession or any resistance from the side of landlord then you can file a suit for Declaration and Injunction in local Civil Court.
malipeddi jaggarao
(Expert) 30 August 2013
Agreed with the experts.
But if you really require the house then you follow as above. If you have your own accommodation but only to take advantage of long possession, you are depriving the right of the legal heir of the owner and on humanitarian grounds you should vacate and handover possession back to the legal heir.
ajay sethi
(Expert) 30 August 2013
flat in shivaji park mumbai must be worth over a crore . start staying in said flat immediately
Rajendra K Goyal
(Expert) 30 August 2013
Well advised by the experts, nothing more to add.
