Anonymous
24 May 2011 at 11:43
Supreme Court's model rent agreement assures tenant 5 yrs' stay
Dhananjay Mahapatra, May 15, 2011, 01.57am IST
NEW DELHI: The Supreme Court has drafted a model landlord-tenant agreement promising tenants five years of peaceful stay in the premises if they give rent at market rate, increase it by 10% every three years and pay the property tax for the house.
It asked the tenants to pay up every charge accrued on the house to enable the landlord get the rentals without any deduction.
"If the present and prevalent market rent assessed and fixed between the parties is paid by the tenant, the landlord shall not be entitled to bring any action for his eviction against such a tenant at least for a period of five years.
Thus, for five years the tenant shall enjoy immunity from being evicted from the premises," the court said. The court realized that in most landlord-tenant disputes, there were no written contracts and the tenants took advantage of the situation because of the slow process of rent control laws and the judicial process involved in eviction.
The court said adherence to these guidelines could considerably bring down litigation. This judgment would not affect the tenancy governed by existing lease deeds or specific contracts between the landlord and tenant.
It found tenants occupying the property by paying rent at a rate determined 20-25 years ago, and said half of the landlord-tenant disputes would not have reached the courts if the tenants agreed to pay rent at market rate.
Writing from personal and judicial experience, the court said: "We deem it our duty and obligation to fix some guidelines and norms for such type of litigation, so as to minimize the landlord-tenant litigation at all levels."
It said: "The tenant must enhance the rent according to the terms of the agreement or at least by 10% after every three years. If the rent is too low in comparison to the market rent having been fixed almost 20 to 25 years back, then the present market rate should be worked out."
It should be determined either on the basis of valuation report or reliable estimates of building rentals in surrounding areas let out recently, said Justice Bhandari, who authored the judgment for the bench.
"The rent should be just, proper and adequate and be fixed keeping in mind the location of the property, type of construction, accessibility with the main road, availability of parking space. Care should be taken that it does not end up being a bonanza for the landlord," it said.
"Apart from the rentals, property tax, water tax, maintenance charges, electricity charges for the actual consumption of the tenanted premises and for common area shall be payable by the tenant only so that the landlord gets the actual rent out of which nothing should be deductible," he said.
"In case there is enhancement in property tax, water tax or maintenance charges, electricity charges then the same shall also be borne by the tenant only," the bench said.
Minor repairs of the premises would be carried out by the tenant from his own pocket and he could not undertake any major repairs, requiring reimbursement, without prior permission from the landlord, the bench said.
"If any major repairs are carried out then in that case only after obtaining permission from the landlord in writing, the same shall be carried out and modalities with regard to adjustment of the amount spent thereon, would have to be worked out between the parties," the court said.
Valuable experts please comment upon this latest judgement....
Anonymous
24 May 2011 at 09:50
Dear Experts,
Please express your valuable opinion on the following matter :
'A' had a flat in Cooperative Group Housing Society (CGHS). The same was under construction during his lifetime and hence not under possession. Before allotment could be made, A expired. 'A' had done nomination in favour of 'X' who is not in blood relation. Post A's death, X made the payment for remaining installments to CGHS to which the society never objected and often issued letters/demand notices in his name as well. However, now when X approaches CGHS for allotment, CGHS is saying that nomination is not valid since it is not in blood relation and challenges X as fraud claimant.
Q.1 Is the claim of society valid?
Q.2 What can be done by nominee or the legal heirs to resolve this issue?
Q.3 In case none of the sons & daughters of A are alive, can his grandsons / granddaughters claim their right in property? If yes, how the property can be allotted/transferred in one of their names?
Q.4 Out of a nominee and legal heir, whose rights to property are more powerful?
Rajendran
24 May 2011 at 00:18
respected guru's....last week SC has given a judgement.....that Landlord can Evict a tenant(who do not vacate the house...and prolong to case) with the Help of Police itself... may i know the case no. + case details plz.
Akshay Saraswat
23 May 2011 at 21:23
In the present case, A 1 is selling the property to a company, company being a separate legal entity, there is no problem whatsoever in the title of the property.
Moreover in a case where an Individual is give PoA to sell, he can sell it to himself until he is specifically barred from doing the same as per PoA.
Saravanan
23 May 2011 at 20:19
Dear Experts,
Kindly answer my below query:
A1 grants power of attorney to A2 for his land in Chennai. Now A2 sells the land through a sale deed to a Real Estate Agency XYZ where A2 himself is the Director (of the Real Estate Agency XYZ). The sale deed was signed by A1 and A2 as Seller and by A2 (as Director of the company XYZ)as Buyer. Is this a valid sale deed? Does A2 hold undisputable title over the property and can he sell it to anyone he wants without the concurrence of A1?
Thanks & Regards,
Saravanan.
Chennai.
Manish Garg
23 May 2011 at 17:40
Hi,
I have a flat from Omaxe and have got the possesion for the same. builder has asked to get it registered and when i submitted required docs, builder is forcing me to sign n pay the maintaince agreement with their sister firm and then only do the registration. Builder has not sent any letter but asking thru phone.
I have already purchased stamp certificate. How long they are valid for?
Please suggest.
Thanks
Anonymous
23 May 2011 at 17:07
I am a adopted child of my parents. Apart from me my parents have 2 of their own sons. They had bought a land in my name when i was 7 years old. Now i am 24 years old and working.My parents sons are claiming right to this land.
What provision do i have in law to hold this land? Please elp
Anonymous
23 May 2011 at 16:53
Dear Sir,
I lived in Panjab.My parents has four children two daughters & two sons & A house was Purchased in the name of My Father & Mothers Jointly at Patiala and after that My father was expired few years back and now we two brother are Living with mother in that house but one sister who has Left the house few years back without informing us and go for love marriage after that no relation was maintain with Her family and recently she send one notice to me,my brother,mom & sister stating that She has right on this house wheares now this house is in the Name of my mother and she was going to prepare one will of this house between we three brother & sister.
So Please Guide be what will be the legal remidies available if my Mother dont want to share this house with her.
Prashant Yadav
23 May 2011 at 13:46
sir,
we have recvd a high cort summon stating the contempt of court. we were unaware of stay on a piece of land which we sold with consent of patwari and tehsildar. we were unaware that the petitioner had taken stay . how can we prove our innocense in the court and what are the maximum consequences.also ok we were unaware but how come patwari and tehsildaar unaware of the stay.
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construction on a land situated in village
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