Pl help
sai
(Querist) 04 April 2012
This query is : Resolved
I have a shop in delhi on pagdi. The landlord has stopped accepting rent since 2 years. We also sent him rent through money order but he refused to accept the money order. Now he is saying he has sold his property to someone.
Though we have the shop from more than 20 years but we are not using. But we were paying the rent regularly. We have no documents except rent receipts provided by landlord.
Can we sell this shop? What percentage we have to give to the landlord in case we sell?
Can the new landlord force us to leave the shop?
What is the procedure to deposit rent in court?
Raj Kumar Makkad
(Expert) 05 April 2012
You cannot sale it rather landlord shall have to pay 1/3 share of the sale proceeds to you if he wants the eviction of the shop as per custom prevailing in Delhi.
You can deposit the rent in Court/Rent controller.
Rajeev Kumar
(Expert) 05 April 2012
As advised by our mentor ld. makkad sir
V R SHROFF
(Expert) 05 April 2012
Nobody will force you to evict.
As you are not using it, new landlord can file case to evict you.
if not in use, you surrender to new Land Lord, and demand Market value. He may pay 2/3 of mkt value & accept it. against possession.
sai
(Querist) 06 April 2012
Thank you the reply Mr. Makkad and Mr. Shroff. Pl provide me with your phone numbers so that I can Consult.
There is another small shop on pagdi for which the landlord havn't accepted the rent, Rent is less than 100rs/month since its a very old shop.
We had only made the money order for 4-5 years initially; but as for now some 15 more years have passed without rent.
One important thing is we are not using the shop, its just closed.
Can we still deposit the rent in court?
What other action can we take?
Thanks
sai
(Querist) 06 April 2012
To resolve all the above matter I am looking for a good property lawyer in West Delhi.
Pl advise.
Thanks
Sai
V R SHROFF
(Expert) 06 April 2012
U NEED GOOD NEGOTIATOR, TO SETTLE UR DISPUTE, NOT LAWYER.
Law & Court is lengthy process. Settlement is peaceful, advantageous to all concern & quick.
