Balaji 06 October 2016

Lost of rental agreement

Hi,

I have a clarification on rental agreement. One of my tenant is vacating house they are basically three people (husband, wife and daughter), so my clarification is

1. The agreement was made in the name of Husband and during agreement he had given the advance in the form of cheque from his account. He is settled in foreign since 1+ year. So not sure when he will be back or never.

a. Now his wife and daughter has vacated the house and claims that she has lost the original rental agreement. So to be on safer side what steps/agreement needs to be performed

i. To acknowledge from the tenant that she has misplaced/lost the original rental agreement and the same has not been surrendered to any bank/organisation towards the loan or anything.

ii. The agreement was made in his husbands name, so can we hand over the advance cheque to his wife in his absence? so that tomorrow his husband does not blame that why was the advance money paid to his wife (due to relationship problem)

So kindly let me know if any relevant format/document is present for this so that we can take signature from his wife, so that once she leaves we are not in trouble as police/bank people or her husband may not trouble and to make sure that we have taken enough precautions before she vacates. So please suggest the action to be taken as per the law

Thanks

Balaji

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13 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 07 October 2016

You can ask him to execute a cancellation of rental agreement and get notary of same at his place and you back. On receipt of the same, you can issue the cheque in his name, so that they can deposit in his account.

Kumar Doab (FIN) 07 October 2016

The husband may issue POA to wife from his place.

Balaji 07 October 2016

Hi Narasimha Rao,

Thanks sir

Actually husband is in some arab country and wife does not disclose his details to us. So the POC is only wife now and she needs the money immediately and she claims that she is ready to sign for any document. So from husband side we cannot do anything, so need to address the wife and get the signature. So need the content/document to get it cleared from his wife behalf of his husband. So how could I do that?

Thanks

Balaji

Balaji 07 October 2016

Hi Kumar Daob,

Thanks sir. That would be difficult.

Regards

Balaji

Kumar Doab (FIN) 07 October 2016

Ask the wife to fetch power from her husband.

Obtain her address.

Your own counsel can advise you further.

Suri.Sravan Kumar (senior) 07 October 2016

If she doesn't want to disclose his details then something can be suspected. It's better not to refund the amount to her and inform her that the amount will be refunded to her husband only.

Balaji 07 October 2016

Hi Sravan Kumar,

Thanks

But need to get rid of her with single settlement and not sure he may or may not be back and we do not want to have any bonding with them. So we want to clear of things and get her signature and come out of it. As I do not have his email id also or if I get his email id could help me in any way? But I dont want these guys to repeatedly come to my home to settle the advance money. So may I know the best solution for this legally which would be fast/so that I can get rid of them legally.

Thanks

Balaji

Balaji 07 October 2016

or else if legally if I need proceed with her husband what all the things required?

Suri.Sravan Kumar (senior) 07 October 2016

Ask her to furnish email address. She may be in touch with her husband

Suri.Sravan Kumar (senior) 07 October 2016

Ask her to furnish email address. She may be in touch with her husband

Balaji 07 October 2016

Hi Sravan Kumar,

I will ask her. So once I get the email id what would be the next steps to go ahead.

Thanks

Balaji

Suri.Sravan Kumar (senior) 07 October 2016

Contact him about his consent for the refund of the deposit amount to his wife

Balaji 10 October 2016

Hi Ramesh and Sravan, The concern is she wants the cheque as her husband is not here and original rental agreement is not with her as she says that she has misplaced/lost 1. So can I get authorisation letter from husband to hand over the advance cheque to wife in email? 2. And get her signature to the document that she has lost her original rental agreement. So for this do I need to take any deed ? If yes, how much value of deed paper to get from sub registrar and name of the deed and content?