Leave & license agreement without co-owner


Hello-

Please help urgent. I have been served notice from lawer under section IPC 420,442,1860.

I have taken a rental apartment in Pune about 5 months back. We have done to proper registration of Leave and License agreement.

It has come to my notice that the property is infact co-owned by one more relative of the owner with whom they are not in good terms. The owner with whom I have signed the agreement with is 90% owner and the 10% belong to the other co-owner who was not involved in the agreement.

I was not aware of this fact earlier. But now the other co-owner has sent me a legal notice through lawyer.

I read the agreement now closely and it also mentions that the owner with whom I signed the agreement is 90% owner of the said flat. I have been paying rent regularly through cheque and have already given post dated cheques and a security deposit to the 90% owner. What are my options? Please help. urgent.
 

 
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Also, the other co-owner is asking for 10% share of rent from me from the date I have started living here.

Please let me know what is the best way out.

 
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Advocate

though co-owner is entitled to 10 percent rent so talk the other owner and ask to settle this issue. you can sent notice to owner with whom you had entered into agreement intimating the fact if receipt of notice of other owner and accordingly deduction of 10 percent rent agreed and stipulated in the agreement and accordingly modification of post dated cheques. but it will s to clarify that no case of cheating is made out.
 
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senior

It seems the owner has mislead you before entering into the agreement. Pl reply to the notice through your Advocate. If you want to live peacefully in the apartment ask the 1st owner with whom you have entered into agreement to cancel the Deed and enter into fresh agreement with both the owners secondly inform the 1st owner that you will pay the rent by deducting the share of the second owner(co owner). thirdly to sortout the issue with co owner.

 
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Hello-

I talked to the 1st owner but they are not accepting to give 10% share.

I just want to confirm can I be prosecuted under section IPC 420,442,1860 in this matter?

What is the worst case scenario if the 2nd 10% owner does decide to take action?

And what suggestion you give me, what should I do now?

Please help urgent.

 
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senior

Are you fighting civil case or criminal case?

 
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senior

Deduct 10% of the share from the rent and pay to the co owner as his share of rent. If the 1st owner does not agree for it you have to go forcancellation of the agreement and enter into fresh agreement with both the owners.

1.If the 1st owner is not willing to go for cancellation, issue legal notice and file declaratory suit to treat the agreement as null and void.

 

 
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Thank you Suriji for quick reply.

The 1st owner is OK to cancel the lease agreement if I don't want to continue here. But I will incur additional cost for moving into a new place (borkerate and shifting expense). Plus kids exams are coming up soon.

I don't know if it's a civil case or criminal case. I am renting this place under a duly Registered Lease agreement. But the lawer sent me notice and threatened to prosecute under section IPC 420,442,1860.

Can I be prosecuted in this case under these IPC sections?

 
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senior

mere issuance of legal notice does not mean that you will be punished U/S 420, 442 1860 IPC.

The offence has to be proved by way of evidence, which will take time.

consult local expert lawyer and give suitable reply.

 
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Advocate

If co-owner is not accepting the rent then tender your 10 per cent rent through money order and keep the receipts handy without bothering whether he accept the tender rent or refuse the same. There should be clear intention on your part. No case of cheating or fraud etc. Is made out.
 
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