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Paul (Analyst)     18 November 2012

Rental problem

I had my shop given to tenant for last 10 years.  (we are renewing agreement every 11 months)

As a precaution against tenant claiming ownership, I thought of changing the agreement to his wife's name.

Is that help me in protecting him from claiming ownership?

(I have been there are rules saying after 12 year the tenant can choose to claim ownership / stay long / choose to buy property)



Learning

 6 Replies

Advocate Rohit (Advocate)     18 November 2012

its better you go for new tenant as giving tenancy to the same person for so long seems to be risky, if you think the tenant may act smart. its better to remove him and get the new tenant.

 

Regards,

Advocate Rohit Dalmia

9324538481

Kishor Mehta (CEO)     18 November 2012

Sir,

If your shop is in Maharashtra and if you have given the shop on Leave & License basis and if the deed of Leave & License is registered according to the Maharshtra Rent Control Act 1999, then the terms of the deed are applicable and you can get the possession irrespective of the number of years the shop is let out.

There should be a specific term of possession in the Leave & License deed, if it is not included, please include in the next renewal for your safety.

Regards,

Kishor Mehta

Paul (Analyst)     19 November 2012

Thank You Rohit.

So i am planning to change the agreement to the Tenant's wives name?

So this makes me in more comforatable position.  Right? (as the tenant looses his history, legally he & wife are different entities)

Kishor Mehta (CEO)     19 November 2012

Sir,

Further to my lines, I would like to add that the Leave & License document should be prepared on the lines of Maharashtra Rent Act 1999 including provisions of Section 24 of the Act.

It should also include an eviction clause.

Regards,

Kishor Mehta

sridhar (Propreitor)     21 November 2012

I filed HRCOP petition against my default tenant in the ground of Wilful default in Thiruvannamalai ( Tamilnadu) and my petition allowed and PDM ordered eviction. Against this eviction order the tenant filed appeal in the Principal sub court and it is pending. But the Since tenant questioned intial cause of action and argued that I did not produce my accounts note book as an additional exhibit which I mentioned in the Orginal HRCOP petition. The sub Judge Ordered the PDM to accept my notebook as the additional exhibit and submit fresh findings of the entried in the notebook thro IA. Again against this IA, the tenenant filed Revision Petition in Madras High court, but the court dismissed tenant's Revision Petition and sub Judge order is confirmed. But meanwhile the tenant is expired and her heirs applied as LRs in the appeal and sub judge is admitted as LRs in the appeal suite. Again the present sub ordered the fresh findings on my notebook and cross examine the petitioner or teneant if necessary. But tenent lawyer filed memo the PDM court stating the Rent Control appeal is pending before the sub court and No Rent control Original Petition HRCOP is pending in the PDM court. So he will not cross examine the Petitioner regarding this notebook.  The PDM dismissed his memo and he said he is going to file revision petition on the memo dismissal order. Now the PDM asked to Produce the detail- Revision Pet no, date of filing  and details otherwise the PDM will continue the case. Can he file a revision Petition on the memo dismissal order? How to stop at the admission stage? should I wait and reply to his revision petition? Already 10 years passed in the HRCOP and I want to expediate the case. I am senior citizen of 88 years. How to expediate my case

Kishor Mehta (CEO)     22 November 2012

Dear Mr. Sridhar,

Attached herewith is a Press release which may be useful.

Regards,

Kishor Mehta


Attached File : 594418088 expediting cases of senior citizens.pdf downloaded: 80 times

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