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Rent act

(Querist) 11 June 2014 This query is : Resolved 
X person is living in a 100 yeard old ancestral property. The property was in name of y who died. The transfer of property did not happen. Due to this:

Can the landlord ask them to vacate due to difference in name on rent receipt(which is in name of y) and cheque by which a person pays.(person currently staying- person x)

- As tenants what rights do they have. Any precaution steps they are suppose to take.
Kishor Mehta (Expert) 11 June 2014
If 'X' is related to 'Y'; if 'X' has been paying the rent regularly, and if 'X' has all the rent receipts and other evidence of his stay at the property, then he is the deemed tenant and the land lord can not ask 'X' to vacate.

Good Luck,
Kishor Mehta
Rajendra K Goyal (Expert) 11 June 2014
Depends upon the conditions how X and Y are related ?

If landlord is able to prove that the property is sublet, it can be got vacated.
Sankaranarayanan (Expert) 12 June 2014
Why these all days the land lord kept mum. Suddenly woke up and found some one enjoy than the real one means. Tell the real fact. When the owner came across the rent receipt was differ from real tenant
Raj Kumar Makkad (Expert) 14 June 2014
I do agree with the experts hence no more to add.
T. Kalaiselvan, Advocate (Expert) 14 June 2014
Subletting is to be confirmed for taking proper legal action against the erring tenant.


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