Query
Manpreet
(Querist) 28 September 2016
This query is : Resolved
Dear experts
I am writing on behalf of a query my aunt who is senior citizen and widow.
My grandfather had received a house post the partition of India in New Delhi.
In time he moved out of that house and rented the same to a tenant way back in the 60's.
The original rent deed is not registered.
The rent was minimal and not revised any time. However before my grandfather's death my grandfather gifted this property to my aunt in 1991.
Post that my aunt sent a termination notice to the tenants in 1993 asking the tenants to vacate the house.
On receiving the termination notice the original tenants requested my aunt for a couple of months time post which they would vacate the said property. All was
done verbally.
In good faith and compassion my aunt allowed them some time.However even after 6 months there was no communication from the tenants and on meeting them they asked for additional time.
After this my aunt decided to stop accepting the monthly rent.
Post that my aunt got married moved overseas and everybody just forgot about this said property.
Some tragic events occurred and my aunt is now back in India after 25 years and wants to sell the given house.
However there are certain facts that I would like to highlight
a)The original tenants with whom the rent agreement was done have been dead for a long time now. We understand that the given inhabitants are children of the given person with whom my grandfather had an original rent agreement.
b) There was no revised rent agreement done ever except the original rent agreement done in the 60's.
c)Nobody from my aunt's family or my aunt have received any rent after serving the termination notice in 1993.
d)There has been no follow up written notice in writing and with the tenants acknowledgement post the termination notice sent in 1993.
e)My aunt has never paid property tax on the said property till date although the given property tax has been paid by the tenants as checked online till date in her name.
My query is:
Can my aunt claim the property in a court of law as we are given to understand from our legal counsel that these tenants are now trespassers.
As the given tenants having been living without paying rent does this help or weaken our status.
Would you experts advice us to get into litigation.
Please advise
Regards
Manu
Raj Kumar Makkad
(Expert) 28 September 2016
There is no reason to be in agreement with the lawyer your consulted. As the base of the possession over the property is rent agreement which might not have been revised but even then the same is valid as on day.
The termination of rent agreement of 1993 was oral hence it has nothing to do with the legal position. Had it been in writing then the opinion of the said lawyer was correct.
Your ant has still ownership right over the property which is evidenced by the deposit of property tax in her name by the tenant/his legal heirs hence She may send a notice for vacation of her property and thereafter may file the eviction petition.
Kuummaar AS
(Expert) 28 September 2016
You have said
"my aunt sent a termination notice to the tenants in 1993 asking the tenants to vacate the house"
What were the major terms and conditions of the rent agreement?
Manpreet
(Querist) 28 September 2016
Very basic terms like rent amt due date of payment ,termination notice period,as I guess was the way in the 60's
Raj Kumar Makkad
(Expert) 28 September 2016
It hardly matters whether the documents pertain to 1960 or of any other period. The basic question is that the tenants have still not claimed themselves owners to the property by way of adverse possession as they are depositing the property tax in the name of your aunt and rent agreement is the sole base of their possession if the termination agreement of 1993 was not in writing.
Manpreet
(Querist) 29 September 2016
Sir
The termination letter was in writing.Also our lawyer suggested that we should try to get a fresh lease agreement registered in court done with rent at current market rates.And after 2 years terminate the lease.My query is
What should we do if the tenants refuse to sign a fresh lease agreement.
Should we claim rent for 25 years that has not been paid.
The tenant has deposited property tax in my aunt's name should we pay that to him by offsetting it against outstanding rent.
Please suggest.
Raj Kumar Makkad
(Expert) 29 September 2016
If earlier termination was in writing then the possession of the tenant is definitely as of a tress-passer and you cannot force the tenant to execute a fresh rent/lease agreement. You may try for that.
The course of action can be only serving a legal notice seeking vacation on the ground of personal necessity. It can very well be clarified that though earlier termination notice had been sent but the same was not executed practically as your aunt was in necessity of her house at that time and she had to move abroad. The said termination notice is nothing but a mere paper entry which cannot be relied upon and thus the relationship of tenant and landlord still exists.
Manpreet
(Querist) 29 September 2016
Thank you sir for repeatedly replying my queries.
However please clarify that if possible whether :
a)My aunt Should we claim rent for 25 years that has not been paid.
b)The tenant has deposited property tax in my aunt's name and should we pay that to him by offsetting it against outstanding rent.
Thank u once again
Raj Kumar Makkad
(Expert) 29 September 2016
The recovery of rent beyond 3 years cannot be made. A notice to that regard can be sent. You need not to pay the property tax to the tenant and may say that it was orally agreed that the tenant shall continuously deposit the property tax in the name of landlady.
Manpreet
(Querist) 29 September 2016
Thank u very much sir.
If any further details are needed I shall get in touch with you professionally on your mentioned cell nos.
Also would you have any offices in Delhi.
Raj Kumar Makkad
(Expert) 29 September 2016
You are always welcome. No personal chat is advised on this public platform.
M V Gupta
(Expert) 30 September 2016
As the successors of the original tenant have defaulted in paying the rents over a long period, that itself will be a valid ground for termination of the tenancy and seek eviction of the tenants. Here one important issue will arise. the tenants may contend that they were not notified the change in ownership of the flat and hence were not in a position to pay the rents. It is not clear whether ur aunt has with her postal ack of the termination notice given by her in the past. If this is awailable it would be a strong evidence to counter the above contention of the tenants.In short consider issuing notice terminating the tenancy on ground of non payment of rents and also personal need for the premises for her self occupation.
Manpreet
(Querist) 30 September 2016
Sir
Thanks for your elaborate response. As stated the property tax was being filled by the tenants in the name of my aunt.
It can be seen in the online property tax payment system that the name of the owner is that of my aunt.
Hence if I understand correctly then they cannot claim ignorance of change of owners.
From the discussion above will it be beneficial to my aunt to claim her property a)On the basis of trespass
orb) Non payment of rents and personal use.
Another query in my mind is
What if they pay up the rent of the last 25 years and are ready to pay future rent as per market rates.
I know it sounds naive but can there be any grounds where in they can request the honourable court to grant them more time to make alternate arrangements or just refuse to leave the house outrightly.
Thanks
Raj Kumar Makkad
(Expert) 30 September 2016
As your last posts contains assumptions and presumptions so no reply thereto.
First act upon the advice you have sought. If tenant is ready to pay for last 25 years then why your aunt shall refuse to accept? what is the logic in putting such absurd question?
Your queries should based upon facts which you already have discussed on this public platform more than desired so now this is your turn to start. Shall you also require help to push you forward practically?
M V Gupta
(Expert) 01 October 2016
In suits for eviction of tenants on the ground o0f default in payment of rents, tenants do offer and even seek permission from the court to deposit all the arrears of rent in the court. But this amounts to admission on their part that they had defaulted in payment of rents and hence strengthen ur case for eviction. Pl act on the advise given to u already without further surmising things and posting further questions.
