Indian succession act
Dheeraj Kaushik
(Querist) 18 February 2016
This query is : Resolved
I am occupying property as tenant and paying rent continuously without any default.
Last one year cheques issued by me towards rent not encahsed.
last month i received received notice from court to appear before it along with application filed by executor for direction with respect to rental income.
I have appeared before court and found that owner of rented property expired and appointed executor by will. thereafter executor filed probate petition, probate petition has been challanged by other legal heirs of rented property and matter is sub-judice.
As i already stated that I am regularly paying rent and bonafide tenant .
But my concern is if i pay rent and probate not granted in favour of an executor and another heirs filed suit for recovery of rent then i suffered loss and face legal proceeding .
pls. advice me and suggest any judgement on matter that tenant need not pay rent to executor till disposal of probate petition. copy of application and reply attached herewith for reference
Kumar Doab
(Expert) 18 February 2016
You have posted that:
"Last one year cheques issued by me towards rent not encahsed."
Why the cheques were not encashed? Did the cheque bounce?
Do you have acknowledgment of cheques?
Dheeraj Kaushik
(Querist) 18 February 2016
Cheques were not encashed by executor of the will.now he claimed these cheques by filing an application u/s 151 of cpc for release of rent under probate petiton.
I required any judgement on the topic that tenant may defer the payment of rent til the disposal of probate petiton.
Rajendra K Goyal
(Expert) 19 February 2016
Judgement not provided in this section.
Discuss with local lawyer.
Kumar Doab
(Expert) 19 February 2016
You have the option to deposit the rent with Court/rent Controller etc under receipt.
Your own lawyer can guide you further.
