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BALVIR KANDA (Trader)     05 December 2013

Rented property

My brother has one shop which is on rent of Rs.250/- per month and his tenancy started in the year 1989. There is no written document like rent deed etc. The original owner of the property has died. Legal heir son of the deceased is NRI and he  has sold the property to some Indian resident . The new owner is threatening my brother to vacate the shop and is not accepting the payment of rent. We also do not know whether the property is in the name of new owner means whether he has legal registered document of the property? Because he refuses to show the same to my brother.

Now my question is that whether the owner can get the shop vacated if he files suit. My second question is that should my brother deposit the rent in the court and if so what is the procedure for the same. Also in whose name the rent should be paid as the new owner is not showing legal document but  we know the original owner has died and his son legal heir has sold the property.

 

Best regards

Balvir Kumar

Email: balvirkanda@gmail.com



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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     07 December 2013

If the new owner files an eviction suit against you, contest the same on merits.  If he refuses to receive the rent, deposit the rent in the court in the name of the previous owner itself because as you said that you do not know who the present person is.  Do you have an official communication from the previous owner's legal heir that he is selling the property to another person and that you were asked to vacate or continue the tenancy.  While contesting the case you can mention that the lease agreement/tenancy was oral and not in writing.


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