Brijesh Mishra (owner) 22 September 2013

Leave and licence

Dear sir/madam

I am purchase a flat at 2009 at wadala mumbai in the name of my wife and mine .we had taken possession on march 2009.

We had given a 5 year registered leave and licence in 2011 for 5 yrs. Licencee give one year rent after that he had not giving me rent. We had sent him termination notice and ask our balance rent. But he had not paying my rent and not vacate my flat. I am file suite against him at competion authority rent act. We had taken loan on flat due to licencee not paying rent since last 15 months I am default my emi . Kindly advice how much time taken also any other action I can take against him

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3 Replies

adv.raghavan (Advocate,9444674980) 22 September 2013

first u should not have created a encumbrance when the property is under loan,if at all u have , the proceeds show go to the bank directly and banks should be duly informed about this rental aspect. when the document is under loan and the originals are with the bank, any encumbrance created on it without the knowledge of bank, is null and void, since u have defaulted in payments for the past 15 months and now it is high time for bank to initiate recovery proceedings,u have to contest two cases at a time, one initiated by bank for recovery of dues and the other one is suit against your tenant.

Adv Akhtar Ali Sheikh (Property Law Consultant) 22 September 2013

Mishraji aisa kyo kiya aapne!!!

Nevertheless get the possession through the competent authority take the bank in confidence arrange for a party to purchase the flat pay the dues of the bank. Keep the balance with you, that is the only solution for you IF YOU CANNOT MAKE ANY OTHER ARRANGEMENT.

And if the bank were to take recovery proceedings you will end up having heavy losses which will be unbearable for you.