On demise of brother his wife and 2 daughters would inherit the tenancy rights
2) wife and daughters can file declaratory suit that they are the tenants of the premises
3) they can deposit the rentals in court
Rent agreement.
My elder brother expired on March 2019. He made an agreement on stamp paper of Rs.10 with owner as a tenant in a shop room in Dhatrigram Village on 18/09/2001.The owner have five tenants in the ground floor of said building and they reside on 1st floor of the said building. The agreement was not registered nor notarised.The owner is also died.In agreement it was mentioned that in the absense of my brother(that is tenant ) legal heir of my brother can do businesses in that room .One termination clause is if rent is due more then three months the owner can evict without any notice. .Now sons of owner refuses to give rent receipt to brother's wife.She has one married daughter and one unmarried daughter.She has been suffering from one hand paralysis from brain stroke. We have sent rent from April 19 to June 19 by money order in favour of youngest son of the owner but he did not receive the same.Now my question is whether the owner can evict the room with help of law or my brother's wife can continue business with the help of law and what is the process?Pl advicse .
Asked 4 years ago in Property Law
Religion: Hindu
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9 Answers
My brother expired on March 2019.He made an agreement with a tenant of two shop rooms on 12/03/2018 on stamp paper which is notarised.In separate paper he received Rs.550000. Though it is not mentioned in the agreement .Brother's wife and two daughters are witness in that agreement.In the agreement it is stated the owner will get 20 percentage and tenant will get 80 percentage if the rooms are transferred to 3rd party.My brother only had these two rooms thogh they have incomplete two rooms in the first floor.The tenant has send seven months rent by money order and my 17 years niece received that money from the peon.Though after that we are refusing to receive money from peon . My question is whether my brother's wife can evict the tenant from these two rooms ? What will be the reason of such eviction ,how much time it will take and what are the procedure ?
Asked 4 years ago
1. IF you have documentary evidence of the Rent sent by money order and refusal remark, THEN you can seek help (declaration order) from the local Civil Court via a declaration suit and deposit Rent in court.
2. AFTER above procedures, NOBODY can evict you or stop you from doing any legitimate business.
File suit for eviction on grounds that she needs premises for personal use
They can file case in the Rent controller Act and under transfer of ownership act. To vacate the premises on personal grounds for bread and butter.
Continue business, Tenant cannot be evicted without following due course of law. Send him legal notice, mention his refusal to accept money order and demand his account no. and pay rent receipt.
If he do not respond,no problem, keep using the shop and deposit rent every month in some account.
She can eviction suit on the ground of bonafide requirement. Refusal to accept rent - no benefit.
If the landlord is refusing to receive the rental amount then you may file a petition before the jurisdictional rent control court seeking permission to deposit the rental amount in the court of law as the landlord is refusing to receive the rent.
The non-payment of rent may be treated as willful default hence liable to be evicted.
Your brother's wife can send a legal notice to the tenant to vacate the premises as the same is required for her own use especially after the demise of her husband.
If he fails to vacate then she can file an eviction suit against the tenant
as a landlord, want to take back the property for personal use, you could do so by sending an eviction notice to your tenant. In case your tenant is using the residential property to run a business of their own from the premises, this can call for an eviction.
1. She can continue business if you have given rent to son of land lord. It not your problem if they are not accepting the rent just to show that you are not paying the rent.
2. If they force you to vacate the premises then you can file suit against forceful dispossession from property.
3. You can complaint to rent controller that landlord is not accepting the rent just to show that you are not paying rent so that they can evict tenant on non payment of rent.
