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Mustafa   14 June 2018

Rights of tenants

I'm staying in a pagdi system house since the year 2003. This house is the name of my grandfather and his brother's name without their surnames. That is, only their first names are mentioned in the rent receipt. My grandfather and his brother expired before 2003. The house was occupied by my father, mother and myself since year 2003 and all rents have been duly paid. However all rent receipts have been issued in my grandfather and his brother's name from the beginning. My father expired in the year 2012 and my mother expired in 2016. Myself, my wife and my daughter occupy the house. My mother has paid all rent through cheque till the time she was alive post that I have also duly paid all the rent to the landlord through cheque. Questions 1) My father's brother (my uncle) is alive and is claiming right to the property. He has not occupied the house since the beginning. Would he be entitled to the right? Note: our surname is nowhere reflected in the rent receipt since the beginning. 2) The landlord sends his communication through postcards addressing my uncle's name. However rent receipts are issued in my grandfather and his brother's name. Can the landlord address the name of the person who is not the occupant of the house? Is this permitted as per law? 3) Can the landlord ask me to vacate the house as the house is not in my name despite me staying in the house since 2003. 4) What steps should I take so that I do not fall into legal hassles?


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 1 Replies

Raghav Arora   16 June 2018

Hi! Thanks for the question!

First of all, you are required to make it clear as to since when your grandfather and his brother were staying in this house prior to 2003?

Also please make it clear as to whether your grandfather and his brother expired in this house only? If they expired in the same house, the landlord must be knowing about it and it is well within the knowledge of the landlord. Now as you are staying in this house since 2003 and thereafter the landlord has received rent from your parents without any objection since 2003 till 2016 and as even after 2016 your landlord has received rent from you, that too vide cheque, without any objection, your landlord has recognized you as the tenant. 

Your father's brother (Your Uncle) has no right or title at all to claim any right to the property. 

Your landlord is guilty of deliberately colluding with your uncle for an ulterior motive.

Your landlord has no authority to send any communication vide postcard addressing your uncle's name. As per law, he has no locus standi.

After having received rent, from you vide cheque, your landlord has recognized you as his tenant, but by issuing a receipt in your grandfather's name, your landlord has exhibited his mala fide intentions, however he can ask you to vacate all though it is to be seen after only he issues you a notice for vacating and the ground taken by him can be dealt with accordingly. But as per law, your possession is well protected. In case you have any apprehension of any gundaism from your landlord, you may go to the civil court and obtain stay/injunction order against your illegal/forceful disposition. This might be a bit too much, however feel free to ask questions if any. Good Luck!


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