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Arul (Clerk)     04 January 2012

Tenant stays more than 15 years without any legal agreement.

Hi My tenent stays in my property for more than 15 years. There is no legal written documents/agreements between us. They pay the rent as cash in hand each month. Will there be any problem in evacuating them later, can they able to claim the property or refuse to vacate the property.


Please suggest. Thanks a lot for your valuable advices.

 

Regards

Arul



Learning

 19 Replies

Bhawani Mahapatra (Law Officer)     04 January 2012

Dear Arul Even if there is no agreement between you and your tenant, there will be no problem in vacating your property. But if you feel, its necessity, then its better to have a license agreement. Its not easy to claim the property merely on the basis of staying for a long period.
2 Like

Ibrahim Deshmukh (Legal Consultancy)     04 January 2012

Dear Arul,

If your premises is within Maharashtra, I recommend to enter into a Leave and Lisence Agreement immediately and get it registered by following the procedure of nearest police station identification of the Licensee.

 Under the provisions of Section 55 of the Maharashtra Rent Control Act, 1999 the Leave and License Agreement should be compulsorily registered at a nominal registration fees.

The responsibility of getting such agreement registered is on the Licensor (you) and in the absence of a  written registered agreement, otherwise the contention of the Licensee about the terms of his stay at your premises will be final and your say will have no effect in the court of law.

Ibrahim Deshmukh
Legal Consultant
Kuwait
ibdesh@gmail.com

Vaibhav Bhole (NA)     05 January 2012

Dear Ibrahim,

Please enlighten us regarding the procedure to be followed for identification of the licensee in the nearest police station for the purpose of leave and license agreement.

Regards,

Vaibhav

shanbagashree.l (advocate)     05 January 2012

Mr. Arul tenant is always tenant. if any afraid about that make agreement with ur tenant and witnesses.


 

Arul (Clerk)     06 January 2012

 Dear Bhawani Mahapatra

Thanks a lot for your suggestion. I live in Tamil Nadu. Do i need to register with the nearest police station, if i make a legal agreement. Also if any dispute arise when later for vacating the property, do i need to approach the civil court. if yes will it take ages to resolve the dispute in the court. What is the best solution to follow in the future if any problem araises.(Hope it wont come but need to prepare for the worst).

Regards

Arul

Ibrahim Deshmukh (Legal Consultancy)     06 January 2012

Dear Vaibhav Bhole,

1)

If you have your flat or premises is within Maharashtra, then to give it on Leave and License is recommended.  Simply make a Leave and License agreement for 11 months (take help of a good lawyer in your area).  In the leave and license agreement do not mention "Monthly Rent" but use the word "Monthly license Fees".

You and the Licensee both go to Sub Registrar of your area and get Leave and License agreement registered by paying nominal fees (i believe its 500 or 1,000) if outside Mumbai city limits and if it’s not a shop (commercial place).  For commercial place its double. Thereafter go with copy of registered Leave & License agreement and photos of Licensee with his and your photo identification documents etc. to he nearest police station in your area and they will do the needful when you will show them that I am giving my place on leave and license to this person.   You will be just accompanying as landlord.

This procedure will help you a lot when you want to vacate your flat since the licensee will not be able to claim his tenancy rights on your Flat and he will only be a licensee.

The above is for you as a common man to understand.

 

2)

As a Lawyer and Legal Consultant, to others, who are of the opinion that registration of Leave and license agreement is not necessary in Maharashtra, I disagree with them and I would like to mention that :

Under the The Maharashtra Rent Control Act, 1999,  (MAH. ACT NO. 18 OF 2000) which came in effect from 31 march 2000, under Section 55 Tenancy agreement to be compulsorily registered.

Section 55 Sub-section (1) Notwithstanding anything contained in this Act or any other law for the time being in force, any agreement for leave and licence or letting of any premises, entered into between the landlord and the tenant or the licensee, as the case may be, after the commencement of this Act, shall be in writing and shall be registered under the Registration Act, 1908.

Section 55 Sub-section (2) The responsibility of getting such agreement registered shall be on the landlord and in the absence of the written registered agreement, the contention of the tenant about the terms and conditions subject to which a premises have been given to him by the landlord on leave and licence or have been let to him, shall prevail, unless proved otherwise.

Section 55 Sub-section  (3) Any landlord who contravenes the provisions of this section shall, on conviction, be punished with imprisonment which may extend to three months or with fine not exceeding rupees five thousand or with both

Hope the above clarifies.

 

Ibrahim Deshmukh
Legal Consultant

Kuwait
Email: ibdesh@gmail.com

2 Like

SUPRIYA (Advocate)     06 January 2012

Dear Sir

 

Excellant reply for a comman Person.

 

Supriya

1 Like

GVL NARASIMHAM (ADVOCATE)     06 January 2012

where are you from. 

One thing you must know that  the tenant never become owner of the property.  Tenant is always a tenant. There are two methods in evicting the tenant.  One is under the Rent control law and other is under the transfer of proeperty act.  Basing on the quantum of rent jurisdiction of the case will  be seen. If the rental amount is not comes under the jurisdiction of rent control act, then you must issue notice under sec.106 of transfer of property act to  the tenant by demanding him to vacate your property with in one month. If the tenant did not vacate with in the statutory period you are entitled to file a suit for eviction against the tenant. If the lease is a oral lease and then it will become month to month tenancy and the act not provided any defence to the tenant and you will get eviction orders with out any hurdle. You can also claim damages for use and occupation by the tenant after the cause of action arosued for filing of the suit

Generally when there is no lease agreements, the disputes will come on the qunatum of rent. Here in after you pass receipt for the rents received from your tenant and obtain the signature on the tenant on back of the receipt.  You also collect documentary evidence of quantum of rent received by you 

Under the rent control act also you can file a eviction petition under the provisions of the act. 

1 Like

kamalakar sawant (director)     06 January 2012

if there was an agreement and it is not registered and agreement period expired and tenent refuses to renew  or get it registerd ? Situation may arise like this even if ur tenant agees to make agreement but refuses to register.

Ibrahim Deshmukh (Legal Consultancy)     07 January 2012

This is Ibrahim Deshmukh, basically from Maharashtra currently in Kuwait, says you Hello !

1) First and foremost, For a common man to understand

A  rental agreement is also referred to as a tenancy Agreement / lease agreement. In such type of  agreements, there is a transfer of interest in the premises from the lessor (Landlord) to the lessee (Tenant).

Whereas in case of a leave and licence agreement, there is no transfer of interest, but only a permission (i.e. License) is granted to use (occupy) the premises.

However, when the premises is given on tenancy Agreement (rental Agreement), then eviction of the tenant becomes harder for the landlord and he has to resort to the relevant provisions of the Rent Act to vacate his premises and being a civil suite it takes longer to evict tenant.

Under Section 52 of the Indian Easement Act the definition of License is clear. Every license is governed by the provisions under this Act. When any property is given on leave and license, the agreement is known as leave and license agreement.

In case the property is given under a leave and license agreement, it can be terminated according to the terms of the agreement, and the owner can demand the possession back from the licensee within a shortest method and the matter is decided simply by the relevant Competent Authority.  Competent Authority is designated by State Govt to perform the duties of a judge

The above  is for a common man to understand :

2)  For our learned colleagues, the legal terminology, as far as Leave & Lisence Agreements in Maharashtra are concerned, it goes as under:

Under The Maharashtra Rent Control Act, 1999,  (MAH. ACT NO. 18 OF 2000) came into effect from 31 March 2000, under Section 24. Landlord entitled to recover possession of premises given on licence on expiry.

Section 24 Sub-section (1) Notwithstanding anything contained in this Act, a licensee in possession or occupation of premises given to him on licence for residence shall deliver possession of such premises to the landlord on expiry of the period of licence; and on the failure of the licensee to so deliver the possession of the licensed premises, a landlord shall be entitled to recover possession of such premises from a licensee, on the expiry of the period of licence, by making an application to the Competent Authority, and, the Competent Authority, on being satisfied that the period of licence has expired, shall pass an order for eviction of a licensee.

Section 24 Sub-section (2) Any licensee who does not deliver possession of the premises to the landlord on expiry of the period of licence and continues to be in possession of the licensed premises till he is dispossessed by the Competent Authority shall be liable to pay damages at double the rate of the licence fee or charge of the premises fixed under the agreement of licence.

Ibrahim Deshmukh
Legal Consultant
Kuwait
Email  ibdesh@gmail.com

1 Like

SUPRIYA (Advocate)     07 January 2012

Mr. Ibrahim Deshmukh

 

Excellant information for a comman person as well as Advocates.

Thanks

SUPRIYA

1 Like

AMIT ANAND (MANAGER)     08 May 2013

Respected Sir,

My  father is having a tenant in Delhi from last 23 years in the upper portion of a house(house is having just 2 rooms, 1 in each floor). Agreement been made in the 1st year only for 11 months, after that nothing been done, as we used to live at Punjab. Tenant from last 9 years not paying the rent(we hav his last cheque which got bounced). Now he with his wife(both are senior citizens keep on filing wrong complaints against us at police station). Now being my job in Delhi and father got retired(about 10 years back), we want to shift at Delhi, but tenant is not vacating the house and being 6 members in my family it is not possible to live in single room. What are the chances that we can won case of eviction? Please guide as my family members are in deep depression and our whole family is being shattered.

Thanks & Regards.

1 Like

bicerin (Partner)     09 November 2013

Dear Amit,

 

Sorry to hear this. Have you / Your Lawyer come across the below Supreme Court judgement and cited it to the magistrate in the lower court?

 

Comments:

https://advocatebharatchugh.wordpress.com/2012/11/16/supreme-court-on-illegal-possession-of-property-by-servantscaretakers/

Full Judgement:

https://indiankanoon.org/doc/100486606/


BIC

AMIT ANAND (MANAGER)     10 November 2013

What are the chances of our victory in Civil Court? Please guide.


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