gupta 23 November 2016

Does rent agreement will be valid?

Hi All,

Please help me in answering the below query :-

My mother has transfered her property from her to me through gift deed.Currently a tenant is living in this house with a rent agreement that was signed between him and my father.Now when i am asking him to vacate the house he has refused and is not willing to cooperate.When i called the police they said he cannot vacate and my father also has right to allow him to stay till the time he wants.Please advice what action i can take at this time and how much time it will take for any legal action.

Please help me in answering this. going through a rough phase

Thanks

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4 Replies

(Guest)

If the house was in your mother's name, only she has a right to make rental agreements with anyone, not your father. As such, the rental agreement is invalid.

adv.bharat @ PUNE (Lawyer) 23 November 2016

Send legal notice to vacate it through lawyer since you were the legal owner of that house.

Will u give like on my LCi profile for free advice?

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gupta 23 November 2016

we have already sent a legal notice to the tenant but he has refused to vacate the house.

I can i approach police? even they are not ready to file an FIR

Please advise

Ms.Usha Kapoor (CEO) 24 November 2016

Since thhe houseproperty was gifted to son by his mother son automatically steps intot he shoes ofhis father. Approach Rent control court that you require the house for bonafide requirement. Eversince father died new teanncy agreement has automaically been created and rights flow from

it.I fyou want increase inrent you canclaim from the same tenant. Next ground is bonafide requirement. File a pettion in rent control court. If you appreciate this answer please convey my forum thanks by clicking thanks.