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JLJ (Software Developer)     02 May 2014

How to collect rent from tenant ? how to handle rowdy uncle?

How to collect rent from Tenant ? How to handle rowdy uncle?

 

25 to 30 years back, my wife’s grandfather had built a complex containing multiple shop outlets in a very busy commercial area in Bangalore. Along with this, he had other properties too.

 

 After his demise, this shopping complex was later split between his wife (my wife’s grandma), his eldest son (my wife’s father- FIL) and his younger son (my wife’s uncle). Grandma transferred her share to her younger son before her death. In other words, my FIL (father-in-law ) owns 33% of that complex and rest is by her uncle.

 

My FIL wasn’t having any issues with those shop tenants while collecting his portion of monthly rent.  His younger brother is kind of a rowdy. Problem started after my FIL’s death, he passed away 4 years back.

 

From past 4 years, my wife uncle has instructed the entire shop owners NOT to give our portion of rent. My FIL was receiving around Rs 40,000.00 as rent. From past 4 years, my MIL (mother-in-law )  made multiple trips to shop owners to collect the rent without any luck.  My MIL has 4 children. 3 girls and 1 boy. My wife is the eldest.

 

Shop owners keeps giving lame excuses to my MIL such as these –

1.      (a) Prove you are the wife of your husband.

2.       (b) Give me in writing that you will represent for all of your children while collecting the rent with your children signature.

3.       (c) Et all.

 

Every time, they ask some documentation, we provide it to them, and they come with new excuse.

 

In fact, my MIL contacted even my wife’s uncle to help us out of this (even though he created this entire drama). He gave false promises that he will get it done. He is simply buying time. Some time back, my brother-in-law had heated argument with his uncle in regards to this. It resulted in his uncle thrashing him. My BIL made police complaint, and it went to court.

 

The issue is my wife’s uncle is a seasoned rowdy, and doesn’t bother making multiple trips to police station or jail.

 

Both my MIL or BIL are afraid of this guy and doesn’t want to put civil case over tenants. Because my wife’s uncle may physically harm them.

 

My wife’s uncle is doing all these harmful things to us, so that we will settle down for peanuts and transfer even that 33% share to him.

 

My FIL, while he was alive, few years back came to know that his younger brother had threatened his mom and took her share.

 

My MIL is so much afraid that, she doesn’t want any of her children to get involved in this. Rent arrears for 4 years is around Rs 25 lakhs.  Also, my MIL is feeling pinch for money.

 

How to handle this guy?

 

We are based in US from past 15 years. We are taking care of her immediate needs.

 

One plan that we have is, only my wife (at US) and her second sister (at Chennai) will put a civil case over tenants. While my MIL, BIL and another sister-in-law (all these 3 people reside in Bangalore) will NOT get involved in this civil. And even if my wife’s uncle questions them, they can point to us and escape from this guy’s wrath.

 

Will this plan work?

 

Is there any other better approach?

 

I am ashamed to say this. Me being a software professional, having excellent education, well settled in US, being a responsible citizen, paying proper tax, we are afraid of putting legal case over those tenants, not even over this rowdy.



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     05 May 2014

As legal heirs to yur deceased father in law, your MIL, your wife and bro in law have to issue a combined to notice to all the tenants to vacate the premise due to default in payments of monthly rental in the same demand notice demanding to pay the arrears pf rent till this date, if at all the sai property was properly partitioned and is lying in your FIL's name or you have no option than to issue notice to your wife's uncle for proper partition of the entire property.  Let him be a rowdy element or anything, he cannot keep  wagging  his tail fora long time, all are equal before law, he will meet the law and its force when he found to violate the same beyond certain extent, being a NRI you can use pressure through City Commissioner of Police on behalf  of your wife, who is also entitled to a share in the property left behind by her father, the rowdy elements will retreat from the scene once the top brass of the police are intervening in the issue. Please take the help of a good lawyer in the local for your assistance in the matter.

1 Like

JLJ (Software Developer)     12 May 2014

Thank you Sir (T. Kalaiselvan, Advocate),


Should this combined notice be sent through a lawyer or should it be on any legal paper? Please excuse me for my ignorance in this area.


My wife's younger sister family resides in Chennai, but the said property, my MIL et all are in Bangalore. And we are in US. Probably we can circulate amongst ourselves to collect signature. Specific to my wife's case, if any kind of notarization is needed (as part of authenticating her signature), we should be able to arrange same.

JLJ (Software Developer)     12 May 2014

Sir (T. Kalaiselvan, Advocate), will send you a PM.

T. Kalaiselvan, Advocate (Advocate)     12 May 2014

@JLJ, you are most welcome to seek further queries in this regard.


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