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Victim of Treachery (Owner)     03 November 2011

Law on limitation under rent control

Dear Sir,

I am based in Mumbai. My father in law had  2 apartments in Kanpur which were rented out in 1996, however since 1998 the tennant refused to pay any rent. My father expired on 11/11/2003 and the property was legally inherited and vested in me in 2005. However, till date I have not initiated any court proceedings, either for recovery of rent or for eviction of the tennent.

I has sent a legal notice to the tennant 3 to 4 years ago by registered post but this was returned back. This was not followed up by filing a suit in the court of law.

It has been over 12 years since action was initiated by either my father or by me. I want to know if I can start the proceedings now for eviction of the tennent and recovery of the property and rent as the property was legally transferred in my name only since 2005 or is any suit/recovery option barred by limitation.

Please, need urgent reply.

VOT



Learning

 1 Replies

M.Sheik Mohammed Ali (advocate)     03 November 2011

yes, you can file a case RCOP act, same time you dont tell the tenant not pay 12 years in rent, you just mentioned your affidavit that the tenant not pay rent past 3 years, surely you will win.


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