Rented property
Debashis Mandal
(Querist) 21 November 2009
This query is : Resolved
Respected Experts,
I have a question to ask - for last 40 years we reside in a rented house, which was initially taken on rent by my late grandfather, my grandfather had 5 sons, out of which my father was elder son, becomes no more & me & my mother residing in that house, my another uncle is also residing separately in that house with his family & another uncle is not residing into that house but keeping his possession in one room by keeping the room under lock & key, & rest of 2 uncles are not having any possession into that house & also they r not residing into that house.
After my grandfathers death our present landlady is now issuing rent bill of the house by mentioning 6 names in the place of my grandfather, they r my mother, my name & my other 4 uncles names. But in reality the rent is being paid by only we (me & my mother), my uncle who is residing in that house & the uncle who is keeping his possession in a room. Other 2 uncles r not paying any amount as they r not residing in that house.
Now my question is –
a. Is there any legal provision by which the landlord can include 6 names in a single rent bill?
b. The above mentioned 6 persons – are now collectively becomes tenant or individually becomes tenant? When any specific space for any person is not mentioned or defined into the rent bill.
c. When out of 6 persons 2 persons are not paying any bill amount & also not having any possession into the house, then can we delete or request to the landlord to delete their names from such rent bill? Whether for doing so their previous permission is needed or not?
Pls. send me the suggestions.
Thanks
Debashis
Raj Kumar Makkad
(Expert) 21 November 2009
There is no effect if the names of the 6 persons have been mentioned by the landlord in the rent bill. You can make a request to him to delete the names of some persons do do not reside therein. You can bring in writing on behalf of those uncles of you who do not reside therein.
adv. rajeev ( rajoo )
(Expert) 21 November 2009
U request the land lady to issue the rent receipt in the name who are paying the rent.
n.k.sarin
(Expert) 21 November 2009
Mr. Debashis, it is a general rule when a tenant died all his legal heirs become tenant collectively.whether they reside there or not.As said Mr Makkad there is no harm if the names of the six persons have been mentioned by the landlord in the single rent bill.you can only make request to the landlord to delete the names of some person.nothing to worry.
niranjan
(Expert) 21 November 2009
You can ask to delete names of your uncles who are not staying,but so far the contribution of rent etc.is your internal problem, you can ask for others equally.
Debashis Mandal
(Querist) 21 November 2009
Respected Experts,
Thanks for your suggestions, Now the problem is my uncle who is residing with us into the said house, wants to have that room which is under lock & key for his use, but my uncle who is keeping his possession into that room is unwilling to give it,
Now the question is –
1. Now my uncle who is keeping the room under lock & key can he do it legally? As no specific space is not mentioned into the rent bill.
2. If my uncle who residing into that house will break up the lock & without any notice to the possessor uncle take the possession of the said room, as because my that uncle who is keeping his possession into that room is not residing into that house, then on presumptive basis can that uncle take any previous legal safeguard?
3. Finally, if such odd thing is happened, then what legal steps my uncle (who is keeping the room under lock & key) can take? If he has not taken any previous safeguards.
4. As we are also residing into the said house, can any legal problem may come to us if such things happened?
As all of u suggested me then pls. answer me again.
Thanks,
Debashis
sanjeev murthy desai
(Expert) 27 November 2009
1. Now my uncle who is keeping the room under lock & key can he do it legally? As no specific space is not mentioned into the rent bill.
Yes off course all legal heirs also has the tenancy right, and they can use whatever they want.
2. No. he cant..
3. He may file a complaint against who broke the underlock and key of that room.
4. Yes off course if you are all doing like this...land lady will evict you in that house she has the right to evict.
