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darshan (owner)     29 April 2022

rent agreement

dear sir
my mother in law aged 65 years had given power of attorney to his son .
for one of the property the he had made a rent agreement without her knowledge to his assigned to his uncles .the rent agreement is made for 29 years ..
sir how can she get her shop back to possession cos she had not signed this rent agreement . pls guide


Learning

 5 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     29 April 2022

Hello,

As per your query, your mother in law having a property and her son has without authority given property on a rent basis to his uncle.So your mother in law is owner of property and she can take legal action against the uncle and file petition for possession of property. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     29 April 2022

If the rent agreement was made after the power of attorney was executed and it was not revoked or modified and there has been no violation of the terms of POA, the agreement will be valid.

Shubham Bhardwaj (Advocate)     29 April 2022

Dear Mr Darshan, 

As far as law is oncerned, the son has not done anything wrong there was no need for permission. Once a GPA is executed, the attorney get the rights as mentioned in the GPA. Now assuming, the GPA carried a right to create tenancy, the rent agreement is absolutely valid. 

But if the mother wants the property vacated, then she must cancel the GPA. Then seve notice on the tenant to vacate the premises within the time allotted by the rent agreement. If the tenant does not vacate the premises within the said period, file a rent petition before the rent controller or other competent authority seeking vacation of property. 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is only for guidance. 

G.L.N. Prasad (Retired employee.)     30 April 2022

Contact a local advocate and let him study the powers given to her son by his mother, and if there are violations and malafides in letting the property to his kith and kin, the POA can be canceled and the tenant can be evicted.

Dr J C Vashista (Advocate)     01 May 2022

Whether the rent agreement is registered during life time of your mother in-law by her son on the strength of PoA  granted to him ?

If your mother in-law is alive she can terminate the agreement as covenented therein.


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