30 March 2021
Rent Dispute: I am one of the co-parcener of HUF and our partition suit is pending in court for hearing, and the partition suit is filed recently including all the Properties which are in the name of different co-parceners of the HUF. one of the family property is being given on rent and rent has been regularly paid by the tennats to me only, even though the property is in the name of another co-parcener, and the above practice is followed by the tenants since from 2014 to till date. Now that another co-parcener, taking the advantage of property documents in his name, he has filed eviction suit against the tenants by giving reason that the tenants has not given rent since from 1 year inspite of several legal notices. Full sale consideration for purchase of the above property has been made by me only through Cheques and bank loan repayment, and cheques issued by me to the seller are all reflected in the Sale Deed itself and due to some genuine legal reasons I am unable to register the above property in my name. Please note down that the rental agreement executed in the year 2014 for 11 months and thereafter there is no more rental agreements executed. Under such circumstance, I would like to know below things from the Experts: 1) That another co-parcener is having any legal right to evict the tennats? Even though tenants are regularly paying rent to me since from 2014 and the partition suit is pending in another court in another city. 2) Validity of expired Rental Agreements?, and the position of tenants in case of expired rental agreements. 3) Shall I argue before the court that our Partition is still pending before the court and stay the proceedings till final disposal of Partition Suit? 4) Best legal option available for me to receive rent without evicting tenants.