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Preeti narayan (Clinical research)     10 May 2013

Tenancy issue

My house was rented out in 1998, upon repeated request the tenant refused to vacate the house. Since 2005 we are fighting an eviction case in Allahabad high court against the tenants. Unfortunately for last 8 yrs there has been no progress in the case. The case is said to be listedevery week however not taken up for hearing. I lost my father last year and mom is an unwell senior citizen,I am desperate to have a resolution to this at the earliest .i request for an advice on this. Many thanks to all



Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     10 May 2013

 

Many disputes between tenants and landlords can be resolved at the mediation stage.

Mediation is arranged by the Department of Building and Housing to help landlords and tenants talk about and solve their problems. A mediator helps you both discuss the problem, identify the issues, and come up with a workable solution. Mediators know a lot about tenancy issues, but they don’t decide anything for you.

  • It’s a way to get things sorted out quickly – A mediation appointment can be set up more quickly than a Tribunal hearing.
  • It’s less formal than going to Court – Mediated agreements are made with both tenant and landlord being fully informed of all their rights and responsibilities, and there is a clear understanding of what the agreement means. Tribunal hearings are conducted by the Ministry of Justice and are more formal than mediation.
  • You decide between you what will happen – You don’t get told what to do. When people contribute to the decision themselves, they are likely to be more committed to making it work than to a decision imposed by someone else.
  • It’s confidential – No one else has to know what you said in mediation.
  • The result is still legally binding and enforceable through the Court system if necessary.

sam (self emp)     11 May 2013

The property(small house with kavelus) is in the name of my grandfather and he passed away in year 1965 , then in the year 1970 this property was given to tenant on PAGDI system by my father and uncles, which tenant had been using  for industrial purpose, since 1994 he had not given us any rent , however he may have paid some municipality rent as he has his machinery in it .The rent last paid to us by him was in 1994 and its 500rs, now as per current market rate this property  rent must be around 10000rs. However he enjoys this property with rent of 500rs and that too not paid since last
19 years.

1) Now what are our rights as grand children and ,being legal heirs of the said property ,what are our rights, can we tell him to vacate the place or can we SELL  it to some other person.

Tenant is making money in our property and we are left with 500rs rent per month and that too not paid since many years.

The house remains in the name of my grand father. and i have the last municipality tax paid receipt of 1994 for 200rs.

please reply

Thanks

Bhaskar M. Raut (Advocate)     11 May 2013

Please consult the legal advisor/ advocate for your problems. You have not mentioned details about the location of the  property. If you are legal heir of the holder of tenanted premises, you should immediately get in touch with  the legal adivsor.

sam (self emp)     18 May 2013

The house is in Bhiwandi Dist Thane

Bhaskar M. Raut (Advocate)     19 May 2013

Pl. consult your advocate immediately. He will advise u properly.


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