legal value of LL AGRMNT on stmp ppr[expired]
AJIT KAWATKAR
(Querist) 10 July 2008
This query is : Resolved
it is n maharashtra.Lessor is Unmmarried SR citizen 80+ Leasee couple{male] purchased stmp ppr of rs50/-in his name typed terms for lssor.with sweet talk & without paying scty deposit in full manage to get possession.later on it was noticed by lssor's relatives that stmp ppr.being old/expired[more than a yr].just before LL period of 11 m.leasee died with huge arrears.his wife is now refusing to pay &vacate. The Lessor wants dues'; repossession. i would like to know what is the legal value of agrmnt on expired stmp ppr. will she able to reposses her ownership appmnt.&dues?how? is there likelyhood that Leassee be declared PROTECTED TENANANT?in that cse will the Lessor get her outstanding dues? Please guid.
J K Agrawal
(Expert) 12 July 2008
If lease agreement is for a period of less then one year (that,s why it is generally for eleven months) it requires no written document. oral agreement is valid and enough. So it makes no difference that the stamp or a written instrument was valid or not. Do not mind the stamp paper agreement.
AJIT KAWATKAR
(Querist) 13 July 2008
dear mr Agarwal;under maharashtra rent control act All LL Agmnts should be in writing&should be registered irrispective of its period. in such a position what will be your advice in stated case?
Manish Singh
(Expert) 14 July 2008
Firstly check the Stam rules fir maharashtra. If there is nothing written about the validity og the stamp paper, then the said stamp paper was valid with force of law. Deficiency in value of duty if any can always be paid in the said case during the litigation.
You can file an eviction suit in the office of rent controller.
AJIT KAWATKAR
(Querist) 14 July 2008
diear mr Manish Singh; validity of stmp ppr in Maharashtra is 6 months.In such a situation what is the Stnding of said documnt? what solution will you advise?
Manish Singh
(Expert) 15 July 2008
why the lessee shall be declared as a protected tenant.
for how long they had been putting up in your premises?
its better for you that the said agreement is not vaild since now its a month to month tenancy. Must give them written notice.
File eviction proceedings in the rent controller office citing bonafide reasons. create some bonafide reaosns along with grounds of having rent not paid.
in cases of arrears of rent, court can direct the lessee to pay the rent within stipulated time and after failing which, they are bound to vacate the premises.
AJIT KAWATKAR
(Querist) 22 July 2008
dear manish; the leasee is in possession for 2 -1/2yrs. it is in maharashtra.kindly guide further.
