Non payment of rents -violation of human rights or not?
persis
(Querist) 14 April 2012
This query is : Resolved
Sir,
My grandma aged about 80 years had let out her house to a family.
Since past 5 years even after being served with notice and telegram reminders they failed to pay the rents and are freely staying in the same rented portion,
At this juncture i like to be informed whether depriving my grandma of her rents amounts of VIOLATION of HUMAN RIGHTS?
She has very less source of income to sustain and is solely dependent on the rents.
Sir, What to do next to get recover the rents.
ajay sethi
(Expert) 14 April 2012
issue legal notice for eviction . contact a local lawyer . since your grand mother is a senior citzen request court to expedite the hearing of her application .
Raj Kumar Makkad
(Expert) 14 April 2012
First of all, you get a registered power of attorney of your grandma with a declaration that due to her old age, she is not able to look after the property so you be treated as landlord of the property.
Now you directly come in the battle ground. Engage a lawyer and file a rent petition seeking recovery of arrears of the rent as well as eviction of various grounds along-with self necessity.
prabhakar singh
(Expert) 15 April 2012
At this juncture i like to be informed whether depriving my grandma of her rents amounts of VIOLATION of HUMAN RIGHTS?
UNFORTUNATELY NOT.
But you have remedy of realization and eviction by a suit to be brought by your grandma in small causes civil court after registered service of notice of demand and termination of his tenancy on the defaulter tenant asking to vacate and pay arrears and damages which you may also pursue after getting executed a notarized power of attorney in your favor by your grandma.
Better visit personally a civil law lawyer dealing tenancy eviction cases keeping guidance in mind given here.
Raj Kumar Makkad
(Expert) 15 April 2012
Keeping in view the age and health condition of your grandma, it is again advised you to change the status of landlord if you really want to help her and want your property to come back to you as soon as possible.
