Recovery of rent

Querist : Anonymous (Querist) 09 October 2011 This query is : Resolved
Hello,
My father has left me a rented shop in which his brother( my uncle) is 50 % share holder. My father died 7 years back and this tenant of ours sent me the annual cheque of the rent 7 years back ( which is quite a small amount in today's times ). I did not encahsed the cheque till date . What can i do now can i recover the cheque amount now right from my fathers death 7 years back. He is duly paying my uncle is share of rent .
Thanks.

Follow Query

Report Abuse

Shailesh Kr. Shah (Expert) 10 October 2011
What can i do now can i recover the cheque amount
ans.No,you can't encash that cheque,However ask tenant to fresh cheque.

Advocate. Arunagiri (Expert) 10 October 2011
Send a notice for demanding rent. If there is no response, you may go for eviction proceedings.

Arun Kumar Bhagat (Expert) 10 October 2011
Ask for fresh cheque and to clear outstanding rent.

malipeddi jaggarao (Expert) 10 October 2011
That cheque is stale. You have to negotiate with the tenant for a new cheque.

Querist : Anonymous (Querist) 10 October 2011
The 50 % rent cheque was in the name of my deceased dad and the 50 % is been encashed by my uncle the co owner of the rented property.So now can i claim rent right for the last 7 years the date of the death of my father or the last 3 years only . Is there some limitation to the same.

prabhakar singh (Expert) 11 October 2011
Dear author !

I do not find any default on the part of tenant.he sent you rent of all period but you did not collect it for it was too little as amount you say.

At this point of time you can ask him to re-validate the cheque issued to you or to issue fresh cheque and if he does not agree only then you can sent himnotice.Limitation for rent due for every month is 03 years but you demand for whole period,i know he will pay you all.
You can evict him alone or get rent enhanced unless your uncle also joins your decision.