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Christin   11 January 2022

Illegally rental agreement renewed

We are 3 co owners to this flat my father, me and my younger brother. When I was out of town my brother put it on rent and made the agreement between him and my dad. And I never got my share as he said I owe him financial favour. Second time when I came back to Mumbai he coaxed me and bullied me into putting the place on rent and dint add dad ne on the agreement. Saying he spoke with dad and my father was aware when I checked.. The pandemic hit and few months later I requested to give notice to the tenant whom I had never met in person or digitally. My brother refused to give notice and gave all excuses and even started verbally abusing me... Now the contract was getting over in Dec 31/2021. To my surprise the tenant started denying me that he does not know me and has not paid December rent. Also 25days in advance a new rent agreement has been renewed without my name Or consent.. What to do now??

Read more at: https://www.lawyersclubindia.com/experts/landlord-instructed-tenant-to-give-rent-in-the-name-of-his-son-who-is-not-the-owner-of-the-property-387906.asp#


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 2 Replies

Aryan Raj   12 January 2022

In response to your query,

As you are a co-owner of the property without your consent other owner cannot enter into any agreement for rental and/or any kinds of transfer in respect of such property. And if they do enter into any such agreement you have right to sue the co-owner and the other party involved. You may file a eviction suit to evict the person as unlawful occupant. Your brother may also be a proforma defendent. You should immidiately serve a notice on the person concern in consultation with a local civil lawyer.

Regards,

Aryan Raj

Christin   14 January 2022

Aryan Thank you for your reply.. 

Been to the Sub Registrar office where the new rental agreement was renewed without my permission. They are say as it was done online registration they only checked the aadhaar & pan card id. As per the registrar rule 1961 &1908 they did the duty.. Attaching their letter for reference it's in marathi language. 

Aryan Kindly advice


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