Rent agreement valid or not
Ayan
(Querist) 19 December 2016
This query is : Resolved
1)A property (Shop) is on wife name (purchased 1977)
2)Husband given rent to some shop keeper (2009) , in agreement , husband has signed , there is
no mention wife name in the rent agreement.
3)A dispute between husband and shopkeeper occurred
a)husband file for eviction suit (2010)
b)shopkeeper file for title shoot (2010)
In the case , there is no mention wife name (owner name)
4)One of the son-in-law is unemployed of that family .family wants to give
the shop to that son-in-law so that he can maintain his family.
My question is
1) Is the shop rent agreement valid as the original owner has not signed ?
(Agreement does not contain owner name and sign)
2)Can wife (property owner) can give this property to son-in-law while there is court case
between husband and shop owner ?
3)Can wife file suit for eviction ?
4)Can wife file FIR as shopkeeper has made new contraction without intimations court/property owner?
5)In case husband loose the case , shopkeeper tenancy will be permanent or wife can shoot separately again
Thanks
Ayan
Rajendra K Goyal
(Expert) 19 December 2016
You asked:
Is the shop rent agreement valid as the original owner has not signed ?
(Agreement does not contain owner name and sign)
Reply:
Not valid and legal.
You asked:
Can wife (property owner) can give this property to son-in-law while there is court case between husband and shop owner ?
Reply:
She can sell, gift, bequeath it to her son in law or to any one as she is owner.
Rajendra K Goyal
(Expert) 19 December 2016
You asked:
Can wife file suit for eviction ?
Reply:
Yes. However, she should be ready to reply and satisfy the court regarding why case was not filed when tenant entered the property.
You asked:
Can wife file FIR as shopkeeper has made new contraction without intimations court/property owner?
Reply:
She should have taken stay from court while the constructions were started.
Rajendra K Goyal
(Expert) 19 December 2016
You asked:
In case husband loose the case , shopkeeper tenancy will be permanent or wife can shoot separately again
Reply:
She can file however, case file and findings of the court need to be referred in such case.
Ayan
(Querist) 20 December 2016
Thank you sir ,I want to know if property owner’s daughter and hers daughter ‘s husband both are unemployed , property owner want to gift/will/register the property (shop) to her daughter to make business to save the family . Is it valid ground to eviction property (shop) from tenant ? In this ground case will run long or there is chances to dispose
5/7 years .(The property is from west Bengal)
Rajendra K Goyal
(Expert) 20 December 2016
You said:
Is it valid ground to eviction property (shop) from tenant ?
Reply:
property eviction due to genuine requirement of the owner is a valid ground of eviction.
You said:
In this ground case will run long or there is chances to dispose 5/7 years .(The property is from west Bengal)
reply:
Nothing can be predicted, court cases are time and cost consuming.
