Legal Question in Real Estate Law in India

Dear Sir,

We are living on 1st floor with our landlord on ground floor from past 1 yr. in gurgaon. At start it was fine but from past few months my landlord started searching a new reason every week, without any reason for the sake that he wants his premises to be vacant even after paying our rents on time. At first we told him that we can not move as per our talk on renting time that we will be here for atleast 3 yrs & also i have my old mother & one sister who just got heart surgery 2 yrs back & i have 1 brother whose always on work. Now i got married & they all are there in gurgaon facing this situation. At start it was just word to word chat but yesterday Our landlord came with his two sons to first floor & my brother was also at home & landlord's Son said in a very rude manner "we want this house to be vacant or else i lock the house myself & you will not be able to do anything. Also he said he will give a legal notice if necessary as verbally he told us last month to search a new house but we said we can not as we have my brother's marriage in Jan,2014." After all this Today my question is : "Legally is this possible for him to give us notice & if yes than what we can do in that case as we are not in a position to leave the house at this point of time. What action we can take against him as it was very rude of his son to talk to my mother like this? "

Reply ASAP by tomorrow as we have to take a decision.

Thanks,

Anonymous.


Asked on 10/15/13, 3:47 am

3 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Landlord may give notice. However, legal effect or consequences thereof depends on the outcome in the Court.

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Answered on 10/16/13, 1:22 am
Fca Prashant Chavan Expert Edge LLP

16.10.2013

Dear Sir / Madam,

If your Agreement for Leave and License (ALL) provides for a month's notice period to vacate either side, and if the Owner has already given you notice to vacate the premises, you have no other alternative or choice but to immediately vacate the house on the expiry of the notice period.

Regards,

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Answered on 10/16/13, 8:00 am

u can file a civil suit for injunction against the landlord and seek orders from the court that landlord must not dispossess u without following due process of law.

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Answered on 10/16/13, 11:13 pm


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