Need expert advice on unregistered lease

Registered or Non registered you would have to undergo the same procedure.Personal advice is that if you actually require the entire  premises then file a suit and it would take its own course minimum 20 years as the tenant would also contest up to Supreme Court.

So far as climbing up the stairs is only the problem then better course would be to sort it out amicably with the tenant PVT LTD CO and you can derive following benefits;

1.Lift could be installed at the expense of the tenant

2.You can bargain for a fair increase in rent.

3.You in this case enter with the tenant into a fresh lease and get that registered for a fixed term and if possible add a clause that the tenant would hadover the possession on such date .

Hi ,

Don't afraid . As you come under T.P act jsut issue a notice for vacating entire property.

A Gupta old it won't take 20 years. You can get your property back with in 2 to 3 years.

Recently in A.P, One of the famous business person( having more than 1000 crores of property)  didn't vacate the property after expiry of agreement. That landlord has filed a suit against that business person won the case in max in 3 years in Highcourt.

Fight for your right . You will definitely win the case.

All the best.

Thanks,

Thank you Gupta and Jagadesh sir,

How can oblige the lessee to sign another lease if not even paying rent? How can we force them to increase the rent as the agreement has been signed and executed?  

lessee company will not agree to pay the expenses for lift or another which benefit to the lessor, as they feel that they are the owner of the premises the owner. Any other thing can be done expect filing the suit in court?

There is no other way except filing the suit if the company is in no mood to talk.

It appears you are hiding some fact or you yourself are tenant.

In which city of Rajasthan are you residing ?

NO SIR …I AM NOT THE TENEANT; I am a foolish landlord who invested whole life saving in property & signed the lease agreement without thinking of the possible consequence of the same.

send a scanned copy of the lease deed and also copy of correspondence ,if any.

the case is of jodhpur city ,do u stay inany near by place?

In Jodhpur there are good advocates and you might be in consultations with a few.What is their advice.

Iam residing at AJMER

Please goahead and file the suit for the eviction with the clause : as you need the building for your own perpose.

Don't  feel bad of incident happened. You will get your entire property back in 2 years. As you have strong points thay will come down for nagotiations in case if you want to continue them.

All the best.

If you file an eviction suit  the first thing the tenant will do is he will deny the quantum of rent.  This situation will make you to suffer from monetary loss.  The unregistered lease can be marked as an exhibit only for a limited purpose to show jural relationsihp but not to ascertain the quantum of rent and the tenant will take advantage of that situation.  So I advise you to be patient and try to take rents by way of cheques for 3 to 4 months.  Simultaneously, make the tenant to sign the counter foil of the rent receipt clearly mentioning the monthly rent and arrears therein.  The ready made rental receipts are available in the market with counter foil on the left side and main receipt on the right side.  Fill up the right side recept and sign over it and on the left side counter foil, take the signature of the tenant.

Another way of quantification of rent is to obtain a certified copy of P & L account of the tenant/company from the registrar of companies and see if you can find any quanitification of rent of your property therin.

All previous rent was paid by a/c payee cheques , details of the rent mentioned with the receipt enclosed with the cheques. In this case what step tenant company can take?

Anyone can suggest possible consequence if any extreme method applied including take possession of premise by force. What criminal and other charge they can frame against the landlord and what can be done to minimize the damage? If possession taken by force, How long can be delayed the matter  of regaining  possession by tenant ?

A lease deed for more than one year is compulsority registrable.  Any way you need not panic.  You can rely on the lease deed but you may have to remit the fine for non registration.  the court can look into the deed.  You have to file a rent control petition to evict the tenant.

advocate munirudden is very correct and his advice is very correct