Rented Property
Debashis Mandal
(Querist) 22 November 2009
This query is : Resolved
Respected Experts,
I have a question to ask - for last 40 years we reside in a rented house, which was initially taken on rent by my late grandfather, my grandfather had 5 sons, out of which my father was elder son, becomes no more & me & my mother residing in that house, my another uncle is also residing separately in that house with his family & another uncle is not residing into that house but keeping his possession in one room by keeping the room under lock & key, & rest of 2 uncles are not having any possession into that house & also they r not residing into that house.
After my grandfathers death our present landlady is now issuing rent bill of the house by mentioning 6 names in the place of my grandfather, they r my mother, my name & my other 4 uncles names. But in reality the rent is being paid by only we (me & my mother), my uncle who is residing in that house & the uncle who is keeping his possession in a room. Other 2 uncles r not paying any amount as they r not residing in that house.
Now the problem is my uncle who is residing with us into the said house, wants to have that room which is under lock & key for his use, but my uncle who is keeping his possession into that room is unwilling to give it.
Now the question is –
1. Now my uncle who is keeping the room under lock & key can he do it legally? As no specific space is not mentioned into the rent bill.
2. If my uncle who residing into that house will break up the lock & without any notice to the possessor uncle take the possession of the said room, as because my that uncle who is keeping his possession into that room is not residing into that house, then on presumptive basis can that uncle take any previous legal safeguard?
3. Finally, if such odd thing is happened, then what legal steps my uncle (who is keeping the room under lock & key) can take? If he has not taken any previous safeguards.
4. As we are also residing into the said house, can any legal problem may come to us if such things happened?
Pls. suggest me the appropriate action.
Thanks,
Debashis
Raj Kumar Makkad
(Expert) 22 November 2009
landlord is not at fault in the given circumstances. You had raised the similar but questions were otherwise though facts were same.
Your uncle has also got similar right as of you in the tenancy. You can tel the landlord to charge the rent from you as per your occupied share. If any portion is in the possession of your uncle, he is liable to pay against that.
