Legal Question in Landlord & Tenant Law in India

Sir, my sister had a flat the 2ndfloor of which was rentedin the year2002.she expired in2005 leaving behind a Will which has been probated and LA issued in my favour.the tenant is neither paying any rent nor vacating the flat after her death. what are the legal remedies open for me.I am retired and have a flat in delhi.one of my sons is married lives sepeately. the other son is 28 yrs of marrgiable age


Asked on 4/10/11, 8:52 am

1 Answer from Attorneys
Sunil Goel S.G. SOLICITORS

If you want the rent from the tenant, then you may first give a notice to him to pay the arrears of rent and keep paying rent every month. If he does not pay, then you may file a suit for recovery of rent.

If you want to get the possession of property, then you may issue a notice terminating his tenancy and asking him to handover possession of flat. If he does not hand over possession, then you may file a suit for recovery of possession of flat alongwith mesne profits (i.e. income which could be generated from the said flat during his occupation).

Remember, if the property is in Delhi and rent is less than Rs.3500/- per month, then case can be filed only under Delhi Rent control Act 1958 which is generally tilted in favour of tenants.

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Answered on 4/11/11, 12:08 am


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