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My father had purchased a pagadi rented house before 20 Years and died recently in the first week of march of heart attack.
Iam the last son of my father we are total four brothers but iam only staying in house my brothers had left 15 years back to there own houses which they purchased.
Now the owner of the building is not accepting rent from me and wants me to vacate, I have send money orders twice and he has refused accepting it then I had sent him cheque with advocate notice that also he had not accepted.
In return he has put lot of wrong allegation on me for not accepting the rent.
If I approach the court will I win the case or not.
Because I have the solving the cases are very lengthy it takes years of fight and lot of expenditure paying the advocate.
I have started deposting the money returned by money order in a bank will this help me.
What happens he never accepts rent and if the building come down in other 20 years can i file a case or should i do it now.
16th June 2011 From India , Pune

Simisalooja
Advocate
Samsonven
Web Developer
Sugitashetty
Business

Hi Sam... I do understand that you have a very strong case.

If you have stayed in the rested house for around 20 years then it is very much likely that you have easement rights to enter the rented house.

Firstly, you need to be sure as to what are the documents you have relating to the rent. As the matter in question relates to tenancy hence, the document (rent agreement) is not necessary required to be registered as per the Registration Act.

Secondly, if your landlord doesnot accept the rent, you can deposit the rent to the rent commission favouring your landlord. Through this way the landlord cannot evict you on grounds of non-payment of rent.

Thirdly, you need to consult a good lawyer who will gide you regarding this case. I do understand that in the Indian courts rent matters take a long time to be solved, nevertheless this should be a boon for you as the landlord cannot evict or demolish or re-build the existing building before the case is over or till the time both parties reach to a settlement.

Forthly, there are lawyers at Maharashtra who deal with such cases every day and I am pretty sure that their fees would not be a hefty charge on your pocket as because the rent revision arrangement in your rent agreement is 20 years old. So you will have to pay more for a similar accomodation at a new place if you leave your current accomodation.

Hence, I would advise you to get in touch with a lawyer and iniciate a case on the landlord a.s.ap. for change of name of the tenant and you can deposit the rent to the rent commission. If you do this exercise then you will not be a defaulter of rent and the landlord cannot evict you. Also, in your petition you can include that due to this harresment caused by the landlord you are forced to take legal steps and all such legal cost shall be paid by the landlord.

Hope your query was answered.

RoyS
17th June 2011 From India , Delhi
SIr we are tenants in Mumb stayinai since last 50 yrs. We have a dispute with our landlord regarding his title and he wants us evicted for redevelopment u/s 16(1).We got a order from Dindodshi court that he cannot evict us without following due process of law and the matter is also pending in Bandra court since 2007. But he illegally demolished our structure last month when we had been out of town. He is citing some BMC order but we were never informed and also that matter is pending in bandra court in which the landlord himself is the plaintiff. What is the remedy in such a situation? please advice
24th August 2013 From India, Pune
Sam,
Along side what was suggested to you by Adv Sory, also make a No Objection or a consent affidavit from all your brothers, which would state that, they have no objection if the flat is transfered in your name and like wise other details that might be of help to you..
17th September 2013 From India,
Hello Sugita,
Firstly have you appointed any lawyer for this purpose of yours??? and if you have, you can also file a separate case which is also called as cross case on your Landlord wherein you can become a plaintiff.
Simultaneously you need to logde a police complain against your landlord too....
Further on as your lawyer, he should guide you well.
17th September 2013 From India,
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