Landlord and tenant
K G Srinivasan
(Querist) 24 February 2012
This query is : Resolved
I am a tenant for a commercial shop in a posh locality since nine month with a monthly rent of Rs.thirty thousand inclusive of maintenance and an advance of Rs.three lakh with an eleven month agreement as usual unregistered. The landlord name in the agreement is Mr.Naniah and the rent is being credited directly to his account in SBI. Yesterday the association of the shopping complex gave me the tax receipt in which the owner is read as Mrs.Archana, when i contacted the owner as per the agreement, Mr.Naniah, he replied that she is his daughter and evaded my question of on what authority he is collecting the rent.After an enquiry i was given to understand that there is some misunderstanding between the father and the daughter. Can you please guide me whether i have to issue notice and stop paying rent to him and choose to deposit the rent in the court. Please guide me what legal steps i have to initiate so that i cannot be put into hurdle in future?
M.Sheik Mohammed Ali
(Expert) 24 February 2012
just send a notice to father and daughter, ask to whom the right owner of the property ?
Raj Kumar Makkad
(Expert) 24 February 2012
I do not agree with Sheik.
Land/shop-owner and shop landlord are two different aspects. There is no requirement to have a property on tenancy from land owner. One may get it from even landlord means a person who is actually holding the property.
As Archna has not contacted you and has not demanded rent from you, you need not initiate any legal action at this time. Your arrangement is purely legal and your are not going to get any problem in future on this aspect.
Let Archna come and demand rent from you. Only in that condition, you go to Rent controller and deposit the rent as agreed therein otherwise enjoy your possession without any fear in mind as this is purely legal.
ajay sethi
(Expert) 24 February 2012
Is registration of leave and licence agreement compulsory in your state,.send a letter to landlord that as per agreement you have paid security deposit. Of rs three lakhs. Request him to give rent receipt for thirty thousand. Send all cheques for rent in name of landlord only.
Kiran Kumar
(Expert) 24 February 2012
I agree with Mr. Makkad's opinion
prabhakar singh
(Expert) 25 February 2012
You should not be panic on the this revelation.The definition of a land lord is one that who lets you and hands overs possession to you,may be he is owner or not.The agreement you have is sufficient to prove your tenancy over shop premises as possession to you has been given by father,hence he is your land lord.you need not overact in direction you are planing.Remain cool and keep going smooth as per agreement.
you should keep mum unless Archana herself comes forward to make any claim.
She can not evict you out right without going to court against you and her father.
PARDEEP KUMAR
(Expert) 25 February 2012
Get the agreement registered by paying adequate stamp duty, take receipt of your advance and proper rent receipts if not taken already, pay rent through A/c. payee cheque only. As regard, rest nothing to worry as of now. If you still have any problem or doubt in mind, send a information to the owner.
