Mr. Fahad 20 December 2020

Eviction

Hi Experts,

my friends Father (owner) executed unregistered lease deed for 5 years Rs. 5000/- Rs with enhancement of 8% interest every calander year for shop and he passed away, after my friends father (owner) death my friend sister become absolute owner of the shop through partition deed and tenant was irregular to pay rents since past 7 months and now my friend want to file case on behalf of her sister against tenant for eviction and recover of rents.

current Rent amount : 6500/-

documents:

1. unregistered lease deed for 5 years.

2. unregistered GPA from my friend from her sister

3. partition registration document.

Kindly advise!

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5 Replies

Shashi Dhara 20 December 2020

Issue legal notice thru advocate wait for reply ,if they deny file suit for recovery of rent ,and also for eviction as the ownership has passed to lrs.as lease deed is unregistered you have to pay duty penalty,

1 Like

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 20 December 2020

1. Civil Court Legal Action CANNOT be initiated for recovery of any Rent /Lease arrears because the Lease Deed is not properly Stamp Duty paid and Not registered. However you may initiate Eviction Proceedings against the Tenant.

2. You can ALSO initiate Private Criminal Proceedings in a local Magistrates Court, by following due procedures of Law.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

P. Venu (Advocate) 23 December 2020

Non-payment of rent constitutes a substantial ground for seeking eviction. Duly authorised PoA can file the petition on behalf of your sister.

Nandini Warrier 12 January 2021

Good evening, Since the lease agreement is unregistered, it will not be considered valid, because every lease agreement with the time period of over 1 year is to be compulsorily registered at a sub registrar office, under registration act, 1908. Regarding the tenant, you can issue a legal notice with all details of the improper rent payment, and ask the tenant to vacate the premises immediately or within a period of 15-30 days, as you see fit. If the tenant doesn't reply or act accordingly to the legal notice, you can file a suit under Provisions of Rent act, for non payment of rent. Hope this helped! Regards, Nandini

Bhaskaran Advocate (Lawyer) 20 March 2021

You can file an Eviction suit the Lease agreement though unregistered sometimes gets marked if the opposite lawyer is not diligent and if the Judge allows.

Even otherwise the agreement can be relied as a secondary evidence. Further the stamp duty and penalty is recoverable from the tenant since it is he who has to do the registration.