Seeking general advice - residential rented property
Jeetendra N Patel
(Querist) 10 November 2011
This query is : Resolved
We both brothers are residing in delhi with our mother along. Our residential house property is located in Orissa (Sundergarh - Municipality). Our father used to take care of the house and since 2009 after he passed away, on one side of the house lives a tenant paying rent regularly but without any agreement since 4 years and on the other my uncle since 2009 paying half of the actual rent.
Please advice me as to what complications can take place in future and how to avoid the same.
Thankyou.
ajay sethi
(Expert) 10 November 2011
as far as tenant is concerned enter into leave and licence agreement with said tenant .
as far as your uncle is concerned request your uncle to enter into leave and licence agreement with you .
you or your brother should go and stay in your ancestral house . tomorrow if tenant finds no one is staying in said house he may get ideas and refuse to vacate .
Jeetendra N Patel
(Querist) 10 November 2011
Thanks for the response Sir.
Me and my brother, both are working in Delhi and it would be very difficult to go and stay there due to no job oppurtinities there. Sir, Can a Leave & Licence agreement keep me at ease.
Thanks & Regards
J N Patel
Arvind Sehdev
(Expert) 10 November 2011
GET IT REGISTERED
UNDER Section 55 (1) of the Maharashtra Rent Control Act, 1999, any agreement for Leave and License or letting of any premises entered into between the landlord and the tenant or the licensee as the case may be should be in writing and should be registered under the Registration Act, 1908. Section 55 (2) imposes the responsibility of getting such agreement registered on the landlord.
Plus read this it answers all your questions:
http://www.valuationindia.com/news1.html
prabhakar singh
(Expert) 11 November 2011
i agree with opinions expressed here.
Jeetendra N Patel
(Querist) 11 November 2011
Thanks Arvind Sir, I Just was going though the weblink.
Sailesh Kumar Shah
(Expert) 12 November 2011
Dear Mr. Jeetendra,
I would like to amend advise of Mr. Arvind that application of Section 55 (1) of the Maharashtra Rent Control Act, 1999 is not applied since property is situated in orrisa.
rest agree with all.
