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samson daniel (webdeveloper)     21 February 2012

Pagadi rent not accepted after father death

Hello Respected Lawyers and Advocates and Law Advisors, First I would like to thank you all for such wonderful forum. My father had purchased a flat under Pagadi Rent and iam staying in the house since last 22 years. But after my father death the owner of the building wants me to vacate the house and is not accepting rent. We are four brothers and iam the youngest son of my father. All my three brothers working in Railways and are well settled. My question is that. 1.Can I approach the court first and advise the owner to accept the rent will my case be strong as the house was rented to my father and not me, and all this years the owner never transferred the tenancy right on my name even when my father wanted it to happen. 2.Is it necessary to take my brothers no objections signature as the owner is insisting and my Brothers are not signing and wanting share they are not staying in the house since last 18 years and have got settled in good jobs in Railways. My brother’s signature is it compulsory or can I avoid? 3.Iam sending the owner money order since last one year and he is not accepting rent can he cut water supplies to my house? He is threatening me with dire consequences. 4.Can he cut the electric and water supplies to my house? Iam paying the electric bill but he has good hold in the politic and government department. 5.Will the police department help me if he cuts my electric and water as this is the necessity? 6.I had approached the vishnunagar police station Dombilvli West but instead of asking questions to the owner for troubling me they had taken some written statement from me I could not read Marathi and had to sign. I did ask them but they told me they have to keep my statement in record after asking me all about my work and address of my office etc. I asked them a copy of the statement they refused. So how can I believe these Police Officers who are helping this Village Owners? 7.Even if I happen to approach the court they will take up a big fight and my file false case against me for sure. Please advise me what should I do I will be very grateful as iam working in a private company and my job is also not permanent. I do not know how will I bear the expenses of the court or if iam thrown out of the house how iam going to buy a house. Iam really in big big problem.


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 3 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     21 February 2012

post the matter in short for reply.. contact a local advocate.


(Guest)

Dear

Your landlord can't withdraw you from said house.

Your family has been living since 22 years- he cant withdraw you or your family members. you are entitle to stay parmanently there.

File a civil case & deposit rent through court continue.

Complaint to police about threat- If police not do any support- file a complaint case in court OR application u/s 156(3) cr.pc

He can't cut your electric & water supply. If he done this - court will punished him- if you filed case.

Evidence before police will be zero.

But you have to take step soon otherwise it may be harmful to you.

First- File a civil a civil suit in court & take stay order- disclosed compleate details in plaint- Its must.


(Guest)

Dear samson

Ever ask your problem in shortly. it will ever banificial you.


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