Landlord falsely claiming rent
Querist :
Anonymous
(Querist) 18 March 2024
This query is : Resolved
Hi
we are running a family business for the past 50 years ,It was started by my grandfather and after him my father is running the business ,The shop is located in prime location and it is pagdi system shop, The original owner of the shop has demised 30 years ago and she is sole owner of the shop, she has no children ,but after her demise a lady claimed she is grand daughter of the landlord and landlord transferred the property to her and claimed she is new owner of the property and claiming rent for the said property for the last 30 years,but when we recently enquired about the property we came to know the property hasn't transferred from original owner to this lady and also she is not grand daughter of the landlord she is distant relative of the landlord so she falsely claiming rent all these years,we are paying rent to her and also paying property taxes all these years,Is it possible for us to sue her for falsely claiming rent for the past 30 years and claim refund and also should I stop paying rent in the future ?request experts to clarify the same
Regards
T. Kalaiselvan, Advocate
(Expert) 18 March 2024
It was your fault to believe the false title claimed by the person who had been collecting rent so far. You should have made a discreet enquiry about the claim made by this lady to the question of her proprietary to this property.
Even now you stop paying the rent to her and let she approach court with a petition either for direction to pay rent or to evict you.
In court you can challenge her claim for title and express before court that you are willing to pay the rent as per the court order to the person who the court recognises as landlord.
You may not be able to maintain any crimninal complaint against her for this subject even if yo file a criminal complaint with the police.
The best option before you is to stop paying the monthly rental amount to her with immediate forthwith and challenge her claim if she goes to court. challenge her
kavksatyanarayana
(Expert) 18 March 2024
How did you pay the rent for 30 years without knowing the legal heirs of the landlord? You can apply EC for 40 years (the date before the death of the original land owner to date) and find out if any transaction is made by the original land owner. You cannot pay the rent hereafter and if she goes to court you can file a counter through an advocate.
Querist :
Anonymous
(Querist) 18 March 2024
Thank you Sir for your reply
Sudhir Kumar, Advocate
(Expert) 20 March 2024
Agreeing with above views I will add that in order to claim rent from you in court she will have to prove her ownership.
Querist :
Anonymous
(Querist) 20 March 2024
Thanks for your reply 🙏
