ABOUT LEASE

kaushikphm (Querist) 07 September 2008 This query is : Resolved
Dear Sir,

I,mysister and my uncle(Father's brother)
are coowners in a Shop which was letout
in the year 1996 by a registered lease till
June 2008. My Uncle as a senior member in our family,is receiving the entire rent
till now and issuing rent receipt.
He was giving monthly payment for my share and my sister till 1999 and stop thereafter.
In the year 2007,I send a letter to tenant
to pay my share directly to me.
I send a advocate notice to tenant and
copy to my uncle.But, I received no reply from both.
So, I filed a case for eviction in the ground of willful default.
I made myuncle and mysister as respondant with tenant.In counter, my sister is favouring me in the preceding.
Moreover, the taxes also pending.
Could you please advice me for the further steps.

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KamalNayanSaxena (Expert) 07 September 2008
Today's position is, that the term of lease has expired in the month of june 2008. You must issue a legal notice under S.106 of TP Act to lessee than proceed as per TP Act.

kaushikphm (Querist) 10 September 2008
Dear Sir,

Thanks for your reply.
As per my lawyer, If I issue a legal notice for the termination of lease, The
rent which My uncle collected could not be recovered.
I have also filed a partition suit.
Could you please clarify the same.

KamalNayanSaxena (Expert) 11 September 2008
Termination of lease is a dipute between lessee and lessor and has no relevancy with the recovery of rent by your uncle.

Partition suit is OK.

You may file additional suit for recovery of rent against your uncle.

kaushikphm (Querist) 11 September 2008
Dear Sir,

Thanks for your kind reply.

kaushikphm (Querist) 14 September 2008
Dear Mr.Kamalnayan,

As per my request, the Tenent stopped
paying the rent henceforth to my uncle fully.
Could you please advice me which could be
better {Deposit in the court].
In his counter, he adviced us to specify
the % of share in the property.
Should I have to send any letter to the tenent.
Moreover, Taxes also pending.
Please advice me.

KamalNayanSaxena (Expert) 16 September 2008
After termination of lease you can charge use and occupation charges. You should not use the term 'rent' in your demand notice.