Notice to tenant
Deepak
(Querist) 26 November 2012
This query is : Resolved
Hi Experts please guide
My father had rented shop 10-20 yrs back to a lady who has expired/passed away last year the rate at which it was rented was Rs.350 per month . the son of the lady used to sit in the shop but rent receipt was given to lady on her name.
Now we want to get the shop vacated as the same is required by us for personal needs . / if also we would rent than at prevailing market rates that would be around Rs.2000 p/ month.
The date from which the lady has passed away the rent has also not been received.
we had cordial relations with the lady as such had rented but now we donot wish to further rent it to her son @rs.350 . how can we put forward the same through notice / case.
ajay sethi
(Expert) 26 November 2012
on death of tenant you have to transfer tenancy in the name of legal heir namely her son . if you desire premises for personal use then you have to file suit for eviction of the son
Advocate Bhartesh goyal
(Expert) 26 November 2012
File a suit for eviction against son on grounds of personal necessity of shop and default in making payment of rent.
R.K Nanda
(Expert) 26 November 2012
file eviction suit.
Deepak
(Querist) 27 November 2012
Good morning experts
I missed a thing above that the rent was not paid but the son of the lady once sent a money order for rent we did not took it.
As far as the rent money order was for only 1 month rent and that too 1 yr back and after that he never tried to send it again.
Now does the same above process as advised be taken .
Please guide.
ajay sethi
(Expert) 27 November 2012
since rent for one year is pending and he offered only one month rent you cna file eviction suit .
