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(Guest)

Advice to tenant

Hello, We are a tenant for the past 80 years (3rd Generation) and our landlord expired in 1987. As per our knowledge, our landlord had no children. The landlord had taken the lease of the property for 99 years from the cantonment board. The lease term expired in 2014. Following 1. Cantonment Board (Lessor) in this case & Landlord is the Lesse 2. Tenants pay property tax every year to the cantonment board. 3. There was no agreement between the landlord & tenant, in this case, however, we have old rent receipts, electric bills etc. 4. Cantonment board is asking to find the legal heir to renew the lease. What are the options available with the tenant in this case? Kindly help.


 9 Replies

Suri.Sravan Kumar (senior)     01 December 2018

you have the following options

1. To search for Lr's of the deceased.

2. If not possible then issue paper publication in local news paper calling for LR'S.

3. if no responce to paper publication approach court of law for seeking directions to enter into lease agreement with you

1 Like

(Guest)

Thank you for your advice. Sir 

Kumar Doab (FIN)     01 December 2018

The legal heirs are decided by the provisions of personal law that applies.

e.g;

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters…… In case ClassI legal hiers are not available then ClassII legal hiers come into picture.

 

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

 

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..

If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

The cantonment board shall go by IT’s rules, SoP and a LOCAL counsel well versed with LOCAL laws/rules can guide you the best.

Kumar Doab (FIN)     01 December 2018

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Revenue/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Revenue/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Revenue/Civil  matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.


(Guest)

Thank you Sir Kumar Doab, for your suggestion/guidance. I shall follow your advice in this matter.

Shashi Dhara   01 December 2018

After lease period finished lease extinguishes. No search of lrs is needed all of u go to cantonment board together a Nd give a petition to grant ownership to u who are their from past 80 years .if they refuse u go to court.

Kumar Doab (FIN)     02 December 2018

Some friendly person in Board has probably given you the advice.

Hope you have evidence of sincere efforts made to locate the Legal Heirs.

Approach your LOCAL counsel as already suggested.


(Guest)

Sir, For lease renewal purpose cantonment, had already placed an advertisement in the newspaper to locate the legal heir, they did not get any response till now, the notice in the newspaper was placed 10 months back.

Kumar Doab (FIN)     12 December 2018

Hope your purpose of posting query is satisfied.

You are welcome!


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