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Syed   03 November 2024

Tenant's wife claiming her belongings

Hi,
I have rented out my flat to a husband and wife and there is some dispute among them and the husband has been under police remand and seems sent to jail.
Now his wife has come and wanted to take away her belongings.
Since the agreement is with her husband. Please can you let me know whether I should allow her to take it and will there be any legal hurdle when the husband comes back and claims.
And also how should I remove this tenant since my flat is blocked without rent.
Thanks in advance.

Regards,
Syed.


Learning

 7 Replies

Dr. J C Vashista (Advocate )     04 November 2024

Get the inventory of article prepared in presence of police and handover to wife, the IO of the case shall attest the list of items taken over by her.

You can neither refuse nor allow tenant wife to collect their belongings.

Real Soul.... (LEGAL)     04 November 2024

You should not allow her except in presence of Police officer.

Let her file aplication with Police station concerned and bring a police personnal to witness the costudy of items . 

Syed   04 November 2024

Thanks a lot for your valuable advice.
Please can you also let me know how should I remove this tenant as I don't know when he wil return from jail.
Thanks.

P. Venu (Advocate)     06 November 2024

You can initiate eviction proceedings for non-payment of rent.

T. Kalaiselvan, Advocate (Advocate)     06 November 2024

you cannot remove the tenant from rented premise on your own.

You have to follow due process of law to evict the tenant for default in monthly rental payment, by filing an eviction suit

You may take the assistance of a local lawyer on all such further issues. 

Pradipta Nath (Advocate)     07 November 2024

Who will decide whose article it is! It the court to decide! The victim is suppossed to bring court's order to get handover of the articles (as mentioned in the Court's order sheet), you are bound to comply else you are not bound.

Provided if Police comes for recovery or to seize the articles under section 406 of IPC or 316(2) of BNS, you have to cooperate the police.

Syed   08 November 2024

Dear All,
Thanks a lot for your valuable advice.

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