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MUTHUKUMARAN (DIRECTOR)     01 August 2009

ABOUT RENTAL PROPERTY

Hello Sir Any Lawyer Pls Guide me about the Floowing Quries

1. Their is Pation  between Brother & Sister for Father propery after fater passed away witu out any will

2.Brother Rented Portion of house As commercial  Got Advance from Tenant

3.When the Patiotion come the propery Alooted to Sister

4 Now Who is going to Pay the advance Collected from Tenat

5.Is their Any New agreement is nedded  ( if Last agrreemnt with Brother vaild for one year )

6.New owner have any right to Vacat the tenant

Pls Guide  me

 

Thanks

 

Muthu

 

 

 



Learning

 2 Replies

Y V Vishweshwar Rao (Advocate )     01 August 2009

1- The  Rent-  Advance paid to brother for the portion allotted to Sister has to be adjusted before the Partition - the terms  between the brother & ssiter regardign  advance of Tenant - to be implimented 

2- New Agreement  between the teneat and Sister to be executed to excercise her  ownership rights  on the portion under the Tenants occupation 

3- Brother who collected the Advance  before partition shall return the advance  to the  Tenant  or pay the same to the ssiter for payment to  the Tenant on  vacating the premises

4- If the lease period is completed - sister who is allotted with the said Tenant occupied portion can vacate the Tenant -- as its owner- she acquired  it is partition/ or she can enter in fresh lease agreemtn for another period ! 

 

 

 

MUTHUKUMARAN (DIRECTOR)     02 August 2009

Hello sir

Thanks for your kind reply

Rent advance paid to Brother not adjusted ,Taken in Partition deed  terms between brother & sister

Brother who collected rental advance still liable to pay to  tenat or sister  is right

If brother refuse to pay Tenant , Sister what is next cource of action  already partition deed registered

If existing lease  with brother going to expiry in few month

If sister need the place wether she can ask tenant to vacate when rental aggreement with  brother  expire or still she need to make  frsh rental agreement need to made

If tenat refuse to vacate with expiry of old rental agreement or new rental agreement  what is our stand

Pls guide me

Thanks

Muthu

 

 


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