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faisal (owner)     20 December 2014

Landlord asking for 11 yrs rent at high rates

I and my mother are staying in a flat taken by my grandfather under old pagdi system of rent. The rent receipt is in the name of my late grand father who died in 2001,

The landlord took rent till june 2003 after which he stopped taking rent from all the tenants bcos of inheritance dispute between him and his brothers for which they were fighting in court. 

I operate a coaching classes from my residence since 2004, which is the only source of income for us, with verbal permission from landlord but,

In dec 2014 he called me and told me to pay rent dues as per commercial rates and not residential rates which are  200% more upto 2010 and 300% more since 2010 !!! I told him i dont earn much here and dont want to run coaching centre but he says your name is there in municipal corporation register, municipality people came and took your name from your board.

i told him i cant pay this much amount, he says he has to pay property rates n taxes which have been increased, so he wants money.

(his case is still runnning with his brothers, and he is forcing us to pay the rent, his brothers have filed a case against him for usurping this property since last 30-35 years.)

what can i do ?

 

 



Learning

 3 Replies

venkat subbaiah (ADVOCATE ASSOCIATE)     21 December 2014

Sir,

You have no right to question the ownership of the landlord under transfer of property law. But your tenancy rights were in tact and you can use them against illegal eviction, if any. File a case against the owner for claiming exorbitant rents and get an injunction immediately. But the municipal authorities have taken your name to their records so you have to go through the local municipal laws on this issue.

Issue is a sensitive one and it is better to solve it by negotiation.

T. Kalaiselvan, Advocate (Advocate)     26 December 2014

If there is a litigation pending between the landlord and his brothers, it is better you seek permission from court to deposit the future rents with the court which will recognise your tenancy.  Avoid paying the hiked rent, you may pay the original rent alone.

T. Kalaiselvan, Advocate (Advocate)     26 December 2014

If there is a litigation pending between the landlord and his brothers, it is better you file a case seeking  permission from court to deposit the future rents with the court which will automatically recognise your tenancy.  Avoid paying the hiked rent, you may pay the original rent alone.


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