Hello Sir,
My self a student. Pursing masters in Hyderabad. I am basically from Vizag, we have a property owned by my parents {MOM and DAD}. It was marriage gift from my Mom's father.
My father has build a house with a shop attached to it with his hard earned home, sir believe me i have seen him worked hard for it. Apart from his saving we apprached a bank for a home loan of 4 lacs.
Since we could not repay if we stay in the house, ,my parents decided to rent both the house and shop to single person. the Present tenant has been staying in since 5 years, every year we renewied the contract for 11 months. Recently my younger sister moved out of city for her studies and myself too stay in Hyderabad, So i have decided to Move to my parent to our own house as we have our uncles close by who would be a moral support to my parents so that they will not feel lonely. I forgot to tell you we been staying in a rented house since my childhood.
My parents atlast have decided to move to there own house. Assuming that alleast the shop rent can be paid towards mortgage.
We asked the existing Tenant to move out as per the last rental ageeement its validity is only till April 2011. We asked him keep the shop but give the home for my parents. He intially agreed and asked for 2 more months permission but in the mean time We did not expect he would approach court, one day we recieved a court notice. he approached the court with false allegations that we had politically pressure and tortured him to move, This is absoultely a big lie, God knows the fact.
His only intention was to prolong his stay. He is exploiting the loopholes in the Judiciary departement. My parents were badly disappointed to the things happening. My father has literally tears, looking at someone controlling his hard earned property. Top of it our existing house owner { as i mentioned earlier that we stay in a rented house} asked us to vacate the house as he would like to rent the house to his relatives. My parents are literally struck between all this, i being a student wasn't able to be more than an spectator.
We approached a Lawyer and produced the last rental agreement {signed by both the parties}. But he says the agreement is not valid, it cannot be produced in the court. As a matter of fact the agreement was endrosed on a Court fee stamp paper. Please advise what should i do in this present situation.
I need a suggestion how to approach the issue and solve it as soon as possible.
Warm Regards
Satya