Upgrad LLM

no agreement or rent receipts and wanted to vacate the tenent


hi,I have a property which is let out for 5 years period and it's not registered.The tenet has also paid the rent in cash and has no rent receipts (As I dint provide him any).If have to make him to vacat the premises what advantages I have and what are my disadvantages in this situation
 
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ha21@rediffmail.com Mumbai : 9820174108

1. ANY & ALL types of Agreement relating to "immovable property" MUST compulsorily be duly  Stamp Duty paid and Duly Registered, without which such transactions /dealings is legally infructuous and null & void, for all legal purposes.  No Legal relief of any type is possible on such Agreements..

2. On the Contrary, the Landlord & Tenant parties are guilty of prosecutable offences & Penalty etc.... for:
a) Evading relevant Stamp Duty on the Rent value,
b) Evading Registration Fees on the Rent /Lease agreement
c) Violation of Income Tax Act, for taking Cash (beyond prescribed limit) towardsSwindling /Cheating the Govt., of its revenues, leading to confisicating of the said Deed.

3. A Legal Notice may be served to the unregistered Tenant, to vacate property, citing grounds as bonafide self use requirement, tenant's misbehavior, failure to pay rent, etc....  

4. IF the Tenant fails to vacate, THEN a Eviction Suit needs to be filed in the local Civil Court.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 
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LEGAL

you are at the verge of loosing your property. You should act now or forget . Since there is no proof of the person that he is tenant as you receive the rent in cash isntead of a bank transfer under rent account.You have no agreement too, means after 12 yeras he will apply for ownersihip by prescripttion. 

If you want to protect your property issue Notice to vacate or get the Rent fixed at presant rates with deed of lease having terms and conditions that would suit. Even file for eviction

ACtt now or forget.

 
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why to file a eviction notice since there is no legal agreement. Can I forcefully get them out by indulging acts such as disconnection of power etc.He can't take a legal means as there is no agreement
 
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LEGAL

You can try that my dear,but remamber he is in occupation from last five years and you are going to invite trouble like that. If you disputed his tenancy and forcefully evicted him out he will not lay like a corpse, but isntead if Police intervened your property can get attached and that would run in dispute. Rest you do whatever you want,there is something known as rule of law even if too dormant on rights but still exists...

 
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ha21@rediffmail.com Mumbai : 9820174108

Originally posted by : CA Srikanth Ponnuru
why to file a eviction notice since there is no legal agreement. Can I forcefully get them out by indulging acts such as disconnection of power etc.He can't take a legal means as there is no agreement

 

VERY GOOD INFRUCTUOUS AGRUMENT:
1. Apprehensively, that is what you must have presumed when you decided not to execute Rent /Lease Agreement and to accept Cash rent from Tenant.

2. WELL, even IF Rent Agreement is not executed, it does not make the Tenant as a "illegal occupant", in anyway whatsoever, more so specifically when you will not be able to deny his five years occupancy in your house. You have to follow due procedures of law, to evict the registered /unregistered Tenant and further you cannot take the law into your own hands.

3. IF you discontinue Electricity /Water etc.... or forcefully throw out the Tenant's belonging and put your own lock, the Tenant can easily file an Police FIR for IPC offences like Theft, Cheating, Intimidation, Fraud, Breach of Trust, Threatening, Mischief, Nuisance, Indecent Behavior, Molestation etc.... (depending on various factors). Anyways, you can make a try .... and see if it works.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 
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Sir, the agreement has been exicuted for 5 years which is not registered but Its only one month since he have occupied the property. He also have no proof to prove him as my tenet except the agreement which has no legal validity. On what grounds he can raise a complaint on the landlord
 
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