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Shveta Narang Khanna (Software Designer)     29 June 2010

Shops given on rent from long time

Hi,

We have incesteral property in himachal and have some shops which have been rented out from more than 20 years now. The rent paid by tenants is bare minimum as compared to current times and they really create fuss in increasing rent or vacating. The kind of paper work does exists but that does not specify any lease end time, its only when that tenants no longer exists I think. The lease in same pattern as it was used to be 20 years ago. Can you please suggest -

1) what can we do to accurate the rent received per month .

2) Or what are the rules to revise the lease and take back the property back from them.

Thanks,

Shveta

 



 8 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     29 June 2010

The rent laws are in favour of tanents so legally you can not do anything. Can settle matter by mutual agreement.

Shveta Narang Khanna (Software Designer)     29 June 2010

Thanks Sir, but has there been nothing since long time to get atleast the rent revised. This seems little odd, that we cannot even take charge of our property.

Please suggest.

H. S. Thukral (Lawyer)     29 June 2010

You can increase the rent by 10% every three years after giving notice to the tenant.

Shveta Narang Khanna (Software Designer)     29 June 2010

Okie, but that increase would also be very very less... hardly of any gain.  Is it easy to sell this property or rules abide to that too.

ravi shankar sharma (advocate)     29 June 2010

if you want to vacate your premises then you must file a suit for eviction there showing your bonafide requirement and hardships faced by you though it will be difficult but nothing can be done and also if there is default of the rent payment u may go for abovesaid but it does not seem to me the situation as rent is very meager amount.

i do agree with mr. thukral for enhancement of rent.

Shveta Narang Khanna (Software Designer)     29 June 2010

THanks , but if I say want to sell the property, then also I need to file a suit etc , or just I need to give them notice probably near sale of that property . Please guide as I am almost newbee to all this stuff.

H. S. Thukral (Lawyer)     30 June 2010

You can sell the property validly but the transferee steps into your shoes and he has to follow the law. There is also a restriction on the right of transferee to file a eviction petition for certain period.  

ANKUSH (SELF)     02 July 2010

Show your bonafide requirement (& not fanciful or exagerated), file a eviction petition. Refer case of Satyawati Sharma as was decided by Supreme Court in 2007. Its a comprehensive case which will resolve all your queries.


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