Long time rented house
praveen
(Querist) 07 February 2012
This query is : Resolved
Hello,
My father has been staying in a rented house since year 1972 (almost 40 years now) in vadodara Gujarat. We had been paying the rent till last 4 years, since when the landlord had stopped accepting rent.However we have been staying and paying all the property related taxes and bills for the house as we had been paying regularly for all these years.
Now it is learnt that the owner has sold a large amount of land he had along with the land on which this house is also built to a builder who wants to build a commercial property on it. We have not been given any information about the same and also no notice till date to vacate the house.
It is learnt that the builder is going to demolish all the houses that come in that property. Please let me know what are the options available for us. Since we have been staying there for such a long time we should have been given the first right to acquire this or should be compensated suitably. Pls advise as this will help us decide what are our rights and what legal recourse is available to us.
Thanks and Regards,
ajay sethi
(Expert) 07 February 2012
if landlord had stopped aceepting rent for last 4 years you ought to have forwarded the same with a covering letter by Regd post Ad . or deposited amount in court .
since you have not been informed offically about the sale you address letter to landlord pointing out that you have been tenants for last 40 years . forward demand draft for rent for last 4 years by Regd post AD .
contact a local lawyer .
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 February 2012
Contact a local advocate and file case in the court for payment of rent.
Very skillful advocate is needed in this matter since such matters goes upto SC and mistakes made at lower level become fatal.
Do not make the mistake of sending due rent now otherwise you accept long and willful default sufficient for eviction.
Sankaranarayanan
(Expert) 07 February 2012
yes i agreed mr sethi's advise. if the owner failed to receive then you could have sent either by RPAD or deposited in court . so imminently you pay the amount by DD through RPAD if refuse to accept then you deposit the same in court
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 February 2012
I am for the landlord.
1) You have to prove how and when I have not accepted rent , you can not prove it because it was not legally offered.
2) Now you are a regular and chronic defaulter and what to pay for last four years , what about value lost because of non payment for such a long period.
Like a lame duck you will loose possession.
Devajyoti Barman
(Expert) 07 February 2012
Even if you could not prove your earlier offer payment of rent, after the filing of suit once you appear and apply for depositing the rent the court would allow immediately.
Once you start again depositing the rent the ground of default goes.
It would become a ground of eviction only if after the permission of court you fail to deposit rent for two months at a stretch.
The tenant can not claim the right of adverse possession due to Rule of Estoppel is in operation.
H. S. Thukral
(Expert) 07 February 2012
Meanwhile file a suit for permanent injunction and deposit the rent with arrears in the Court.
Shailesh Kr. Shah
(Expert) 08 February 2012
Do Follow:-
1.Hire advocate
2.Deposit rent at the court.
3.File a Suit for Permanent injunction.
praveen
(Querist) 05 May 2012
Hello,
My father had deposited rent in court. However would like to know more as to what are my rights. Do I have right to buy thr property first or not. Also the landlord has never asked me to vacate till now and some third party is asking me top evacuate whome i do not know, so is this right. what should I do.
adv. rajeev ( rajoo )
(Expert) 07 February 2012
