Need help and legal advice urgently

Anish Thakur 7018812737 (advocate) 19 August 2012

dear querist,

you dnt have to worry in this concern,if you have signed any agrement regarding this then you have to follow those things and if you dnt have signed that then you can take it as oral agreement ,dnt concentrate on land lords staemnts and make your mind set when you had to vacate the home if landlord will try to make you defaulter by not accepting the rent then send it through money order and keep the receipt and if he didnt accept the money order then get the rent deposited through local comissioner.if he give you any threat you can have police protection in this regard ,get complaint filed in the concerned police station.

Anirban Chatterjee (Senior Software Engineer) 19 August 2012

Hi Anish,

Thanks a lot for your valued advice. Let me inform you that I make the payments through online fund transfer, and I have the proof of all these transactions. The problem is not with the rent, actually the landlord wants to sell his house and he did not disclose this to anybody. Within one month of tenancy he kept sending people to see this flat, people kept coming from bank for verification. When we raised question regarding this, then only he informed us that he wanted to sell his home but gave us rent only for that duration till he is able to sell his flat. He never disclosed his hidden agenda to anybody including the neighbors whom he sent mails for potential tenants.

As far as rental agreement is concerned, he sent me one rental agrrement which comprised of one page of stamp paper and 2 pages of normal A4 sheet without any seal or anything, just having the signature of the landlord; which I signed on good faith. In one of A4 sheets, among various clauses, it is mentioned in one of the clauses that owner and the tenant can give 1 months notice anytime during the tenancy to vacate the home. Now whether this document can be treated as authentic document or not that I don't know as anybody can take a plain paper and get this typeof clause written in it.

So, can this case be treated as a case of cheating and misleading us as he told us that he wants to give the home in rent whereas he actually to sell the flat and kept it hidden from us? Also he started harrassing us from the 1st day of starting of tenancy and within one month of starting of tenancy he is asking to vacate the home. Please inform us what can we do in this situation?

sachin kumar (engineer) 19 August 2012

My father bought a piece of land.my father died 25 years back and my mother died 8 years back.we are 4 brothers & 3 sisters in all(Total 7).

But before dying they didn't make the will and have not divided there land (property) between seven (7) of us.

My father and the Elder most brother built the house on that land.But that land was of my father.now I and one brother doesnt live there because of our job,and the eldermost and one brother live in that house.

At present the smallest brother lives in ground floor and my eldest brother lives in first floor.i and my another brother has not got anything yet.

my elder brother is not saying anything,now his age is around 70 yrs.My 3 (three)sisters are well settled so they are not very interested in this.one thing more my father died very early so my elder brother done the marriege of all the 3(three) sisters and 2 brothers.

so he also says that he has done many thing for the family so he will not give anything. But according to the Law all are equal and equal partners of that property.

Before dying my mother said me several times that your eldest brother will take this home from you by hook or crook. now when i asked him about the house he said to make 2nd floor and start living in it and he also told me that this house's ground floor and 1st floor is made by him and by my father together. but as per the structure is considered my father told me 20 years back that only ground and 1st floor can be made on this land.and if now i want to live in that house according to my elder brother i have to make 2nd floor on pillers which will cost me very high amount/cost.

i really dont know what to do...kindly guide me ..you can guide me in a better way..please tell me what court says in these type of cases.

please advise what best can be dont in his case.

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