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Naga   29 March 2017

Owner forcing to vacate flat

My uncle and aunt is residing in a flat in chennai for the past 30 years. The owner promised to sell the flat to my uncle 10 years back, my unclee has done all the maintenance works amounting to Rs.15 lakhs related to the flat till date believing him..but due to increasing real estae prices, he changed his decision suddenly and he wants his flat back. My uncle told he cant vacate all of a sudden..He then brought some rowdies and threatened to vacate my uncle and aunt. My uncle has filed a complaint  in police station FIR has been lodged against him. Now the police has filed a chargesheet on him. Now for the past few months the owner has closed his bank account to which my uncle was sending the rent. Even when my uncle sent the rent via money order it got returned. Now he has filed a case in the court asking for higher rent. Kindly let us know what is to be done. My uncle and aunt are confused.



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 6 Replies

KS Johal   30 March 2017

The owner has a right to have his property back in the state he gave it to your uncle and Aunt. It does not matter for how long your uncle has stayed in the property. Just think for one second if this property belongs to your uncle and he wanted it vacate it, do you think it is right for the tenant to stay there? I agree with the comments off the previous advocate Ranga Lakshmi.

KS Johal   30 March 2017

The owner has a right to have his property back in the state he gave it to your uncle and Aunt. It does not matter for how long your uncle has stayed in the property. Just think for one second if this property belongs to your uncle and he wanted it vacate it, do you think it is right for the tenant to stay there? I agree with the comments off the previous advocate Ranga Lakshmi.

KS Johal   30 March 2017

*vacated and NOT 'vacate it' - SORRY FOR THE MISTAKE.

Saji Joseph (Manager)     30 March 2017

this person has come to this forum for legal advice and not general answers. If one cannot provide please refrain from using arrogant expressions. it is showing the class and culture of us lawyers. i am extremely sorry to see such kind of feed back answers at this kind of forum. and unless one is a practising lawyer only then advice rather than giving rude personal opinions...

 


(Guest)
Originally posted by : Saji Joseph
this person has come to this forum for legal advice and not general answers. If one cannot provide please refrain from using arrogant expressions. it is showing the class and culture of us lawyers. i am extremely sorry to see such kind of feed back answers at this kind of forum. and unless one is a practising lawyer only then advice rather than giving rude personal opinions...

 

I am happy to see that atleast here advocates and lawyers are doing their job properly by not misleading the tenant into litigation just for filling their pockets with fees.  It is good that some advocates have replied favoring the Owner and not the tenant.  A tenant can stay only till expiry of agreement and not one day after that.  He should vacate the premises.  It appears that querist have come with fake ID in support of himself or herself and posted this reply which I am quoting.

 

Legally after agreement period you cannot stay, you will have to vacate.  If you cannot find house immediately it will be prudent of you to ask owner to give you some time till you find another house.  You can approach court also for this stating inablity to find house immediately.  Court might give you time to vacate.  ALl this will again cost money.  It is best to vacate house than go to court and trouble the owner some more would be my opinion.  I think I already replied to this a day or two back.  Anyhow, both the tenant and the owner can approach court of Law with their concerns as known to all.  But tenant will have to vacate house at any cost, that is for sure.

Dr J C Vashista (Advocate)     31 March 2017

I agree with Mr. Saji Joseph.

The tenant shall remain a tenant and cannot become owner till he purchased the property from the owner.

You have stated that your uncle has made an agreement 10 years back, it has no sanctity at this belated stage.

Whatever your uncle (tenant) has spent in renovation/development it was for his (tenants) own use/cost and with the consent of landlord, it cannot be an excuse to vacate. However, landlord may be requested to give reasonable time to vacate, if he (landlord) declines, the tenant can get through the Court.

Rent may be increased as per Tamilnadu Rent Control Act (being a State subject) and not arbitrarily.

If the landlord is not accepting rent deposit the same in the Court.

Consult and engage a prudent local lawyer for proper appreciation of facts, guidance and proceeding..  


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