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Haleema MS (Business)     26 March 2011

Legal notice

Sending a legal notice for ejectment suit (under transfer of property act 106) after expiry of the lease period is valid or invalid?



Learning

 5 Replies

cyberlawyer (barrister)     26 March 2011

If the lease period has expired then it is valid...

After lease period has expired, lease gets terminated.. But if there is no lease agreement between the parties, it will get terminated only upon executing a termination lease deed.

 

H. S. Thukral (Lawyer)     26 March 2011

After expiry of lease period, the lease become from month to month and can be terminated by 15 days notice. 

Rajpal Sharma (Law Officer)     27 March 2011

I agree with Mr. Harbhajan Singh Thukral. After expiry of lease period, the lease become from month to month and can be terminated by 15 days notice. In case, Legal Notice does nt works,u can file suit for possession.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     27 March 2011

here is a gray area. 1) under most of the rent acts all over country only notice is as per TP act , other conditions do not apply. 2) so lease and tenancy becomes defferent. 3) the point is in case of lease or say tenancy agreement the notice by landlord is to be given after expiry or before expiry of the tenancy.

It is my opinion that once the contracted lease period is over and landlord fails to give any notice for termination of tenancy the said tenant becomes a statutory tenant.

The logic is same as that  of the time barred debts. You can give new life if conformation of debt is taken before expirty of the limitation but any conformation taken after expiry of limitation has no legal value.

Ghanshyam Mishra (Director 9899794006)     27 March 2011

Is your tenancy is a protacted one under which ACT as this will decide reply. What is the monthly rent. Tell entire facts.Iagree with my friends.
 


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