Hi, it is better you have to approach the court and deposit the rent before the court......let the court will decide who is the owner of the property and entitled to collect the rent.
Position of tenant if two brothers claim right on property
we are tenants at Mumbai-subarab having tenancy since 50 years, Landlord left three sons & 2 daugthers, after his death up to 15 years one of his son has collected rent & issued receipt in his own name & no other his faimily members taen any interest or objected , now he is become mentally ill from last 4 years he has collected the rent as deposit for one year but not issued any receipt. Before two yeas, his another brother has issued letter cum notice to all tenants through advocate claiming that he is having name in property card and warran all tenant not to give rent to another brother. Tenants have stopped to give rent to both of brothers till their property disputs clear. Tenants are living without rent receipt since three years & willing to pay the rent to right person who is authorized to collect the rent. . Please advice to secure tenants Regards Harkissan Thakar
Asked 10 years ago in Property Law
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7 Answers
also advice if any association or goverrment advocate can help
Asked 10 years ago
do not worry,once there is any legal proceedings start depositing the rent in court,and court will accordingly decide
it appears that on account of internal family disputes rent is not being paid . issue notice signed by all tenants to the legal heirs of the landlord that you all are willing to pay rent but on account of internal disputes rent is not being collected . request them to resolve the internal dispute s so that rent can be paid by tenants . in the alternative you can deposit rent in court
Thanks to all for reply, please suggest any association or government advocate helping to tenants to solve problems in Mumbai
Asked 10 years ago
government advocate will not help you in this regard . you have to contact a local lawyer pay his consultation fees and issue legal notice to landlord
take services of advocate
You could not have stopped paying the rent irrespective of the family dispute prevailing in the family of landlord. Default in paying the rent makes you liable in law to be evicted from the building. If the lawyer's notice was issued 2 years back then it ought to have been replied right then.
Now without any further delay issue a notice through your lawyer to the tenants asking them to collect the rent which has not been collected by them. Unless and until you do this you do not stand even a ray of hope to continue as tenants in the event the landlords move to court to evict you in accordance with law. This may sound discomforting, but it is what the law commands.
No government advocate will do the needful. You ought to engage your own lawyer after paying his consultancy and engagement charges.