• Tenant not signing agreement

Hello, 
I have ancountered a problem, i let my flat in Rajasthan on rent.. I let the tenant shifted in the flat and we both agreed that weill sign the agreement when i come there within a week or two. 
Now its 15 days he is staying not picking my call.. And giving answers like he is avoiding me. Although he has paid the agreed security and rent. 
What can i do if it continues and tenent comes out to be of mischief behaviour and refuse to sign or . He is a local of Rajasthan and i live in gurgaon.can police take action in tbis directly. 

 Please suggest a concrete and valid advice
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

8 Answers

1)how can you be so negligent?

2) how can you permit tenant to shift in flat without registered leave and licence agreement ?

3) issue tenant legal notice to vacate premises as he has failed to sign leave and licence agreement

4) if he refuses to do so file eviction suit

Ajay Sethi
Advocate, Mumbai
96205 Answers
7741 Consultations

5.0 on 5.0

1. Well, you pay visit to your flat and talk to him.

2. Inform the police if he refuses to sign any agreement as the landlord are expected to inform the Police about such tenancies.

3. If you have proof of payment then it is alright but if he has mischief then he may show case it as advance payment to purchase your flat.

4. it was not right for you to make him enter into flat without signing the agreement.

Devajyoti Barman
Advocate, Kolkata
23128 Answers
505 Consultations

5.0 on 5.0

You can go there and tell the situation to the local police station and also ask the police to get the verification done. Nothing to worry police will come to your aid.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

5.0 on 5.0

Hi, Issue legal notice ask him to vacate the property and if he does not vacate the property then you have to file suit for eviction in the Court.

Pradeep Bharathipura
Advocate, Bangalore
5607 Answers
337 Consultations

4.5 on 5.0

The police cannot interfere in this nor this is a criminal offence.

If the tenant is avoiding to sign the agreement then he will be sufferer

He cannot fight the legal battle without any written agreement.

T Kalaiselvan
Advocate, Vellore
86402 Answers
2296 Consultations

5.0 on 5.0

It is not safe to sell car on basis of mere affidavit

2) if car cannot be transferred in name of purchaser don’t sell it

3) you would continue to be liable in case car meets with accident.

4) must address letter to RTo by regd post AD informing them of sale of your car .

5) enclose copy of delivery note received by you and proof of payments received by you .

6) also send letter to local police station that purchaser has not transferred car in his name yet and you apprehend car may be used for terrorist activities .

7) you can also publish public notice in 2 local newspapers that the seller shall in no way whatsoever be responsible for any misdeeds,unlawful activities or any acts of omission or commission with the motor vehicle (state make, model,type of body,registration number, engine and chassis nos.)by the buyer or any other person who directly or indirectly uses the motor vehicle for such misdeeds,unlawful activities or any acts of omission or commission. The liability of such misdeeds,unlawful activities or any acts of omission or commission shall solely rest with the buyer of the motor vehicle."

Ajay Sethi
Advocate, Mumbai
96205 Answers
7741 Consultations

5.0 on 5.0

Hello,

If anything happens then the police will chase you, then you can show this affidavit to show your bonafide.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

5.0 on 5.0

Generally, diesel vehicles older than 10 years and petrol vehicles older than 15 years are declared as scrap by the authorities. But, for each state, the laws might be different.

In Rajasthan, you can drive a vehicle legally for 15 years. If the car is in running condition, you can use it further by paying the green tax and renewing the fitness certificate.

A car is considered scrap in Rajasthan when:

The vehicle doesn’t move

The car is accidental and has suffered total loss

The engine repair cost is higher than or equal to the vehicle cost

You can renew the fitness certificate after 15 years.

Since the Govt has not formulated any grave rules which apply entirely as one all over the country, it is difficult to have a standard process for scrapping a car. There might be some variations state wise or as per different RTOs, but generally, the process has following steps:

1. The owner of the vehicle informs the RTO by submitting an application declaring the scrapping of a car

2. Surrendering RC & Chassis Plate to the RTO

3. De-registering it from RTO records

While selling your scrap car, you will have to provide a copy of your RC and bank NOC to the person/ business who will scrap your car. Make sure to collect your chassis number plate from them, inform the RTO and follow the process described above to de-register the car from RTO records.

T Kalaiselvan
Advocate, Vellore
86402 Answers
2296 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer