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dev pandya   25 April 2024

Leave and license agreement

Dear Sir,

I am staying in a 3 bhk flat since 2008,the leave and license agreement was signed by a representative as the owner is an NRI,THE AGREEMENT WAS NOTARIZED, The rent was agreed at 7000rs in 2008,then raised to 8000rs in 2013,and 10000rs in 2017,I am paying the rent regularly in cash ,In 2021 the Nri Landlord expired and the local representative is forcing us to vacate,the agreement has not been renewed since 2019,And I have no physical proof that I have paid rent regularly in cash,

The local representative says since you are not paying rent,vacate the flat,

Please guide as to the above

ThankYou

Dev



Learning

 13 Replies

T. Kalaiselvan, Advocate (Advocate)     25 April 2024

You don't vacate the premises.

You ask him to produce the evidence for his title to the property.

You can ask him to proceed legally through court.

In the meantime you can file an injunction suit to restrain him from forcibly evicting you other than by due process of law.

1 Like

TANAJI JAMDADE (LAWYER)     25 April 2024

In such a sitution, you are right to seek injunction against the person who try to disposses you. Your long standing possession is led by evidence and ask for not to distrub the possession.

1 Like

Advocate Bhartesh goyal (advocate)     25 April 2024

Local representatives of deceased owner can't evict you forcefully nor legally demand rent from you without disclosing his title over the property.You may file suit for injunction against him and get restrained him not to dispossess you without due process of law..

 

 

1 Like

dev pandya   26 April 2024

Dear Sir,

Thankyou for the prompt guidance,I am highly obliged

Just one more question,

In the initial months in 2008,I paid rent 2 times for 3 months each,to which the licensor issued 2 receipts mentioning me as tenant and rent recieved for 3 months each (2reciepts),since then I have not got any license fees receipt till date,

Can I say I am tenant since rent receipts mention myself as tenant and rent ?

Further,the leave & license agreement has not been renewed since 2019,

Thankyou

Dev

Mr. Sumitra kumar (Advocate)     26 April 2024

Your leave and license ends with the demise of the landlord and now you have to vacate the premises. You can only be conducted as tenant when there is rent(lease) agreement that is registered.

 

Thank you.

1 Like

dev pandya   26 April 2024

Dear Sir,

Thankyou Sir,for the prompt reply,

The landlord has passed away in 2020,but till date I have not been contacted by any one from his legal heirs,

Thankyou

Dev

T. Kalaiselvan, Advocate (Advocate)     26 April 2024

You continue to occupy the rented premises and you can file a petition before the court to permit you to deposit the monthly rental amount before court every month in view of the death of the owner and nobody is identified as the successor in interest. 

The person who may claim any interest in the property may approach court at a later date to claim the rental amount kept in the court deposit 

1 Like

Mr. Sumitra kumar (Advocate)     27 April 2024

Who is the local representative and in what capacity they are asking you to vacate the rented premise? Are they legal heirs of the deceased? 

 

Thank you.

1 Like

dev pandya   27 April 2024

Dear Sir,

Thankyou,

The local Representative is the POA holder,he has signed the first Leave License agreement in 2008,

Yes The landlord has a son who is the legal heir,

Thanks Once Again,

Dev

T. Kalaiselvan, Advocate (Advocate)     27 April 2024

The POA deed stands automatically cancelled upon the death of the principal. 

Hence he cannot claim any rights or interest in the property after the death of the owner of the property. 

You can ask him to produce evidence to prove his ownership or title to the property. 

You can ask him to proceed legally. 

In the meantime you may file an injunction suit against him to restrain him from forcibly evicting you other than by due process of law. 

dev pandya   27 April 2024

Dear Sir,

Thankyou so much,

I am highly obliged for taking time out and replying to my queries, Thankyou

Dev 

 

T. Kalaiselvan, Advocate (Advocate)     28 April 2024

You are welcome for your understanding and appreciations

dev pandya   06 May 2024

Dear Sir,

is the below mentioned correct ?

First issue that has to be clarified if the premises was given to him on lease or license.

The licence holder can be told to vacate as the licence expire but not so easy for lease holder.

If the intention between the parties was to give the premises only for limited purpose/activity and period to be vacated as soon that purpose/activity was over that is mentioned in the agreement too, then you have clear case of licence holding which he has to vacate immediately without court order.

Otherwise if by the agreement although mentioning him as licence holder but the real intention is unlimited use of the premises for unlimited period than it will be considered as lease only for which the vacation order has to be obtained from the court on the available ground.


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