Legal Advice needed- urgently

Noida_Resident 17 Oct 2012, 06:45

Sir/Madam,

I had given my house or rent (situated in Sec-22, Noida) to a local fellow around 7-8 months. The house was rented on mutual consent and oral terms and conditions [i.e. No rent agreement was executed].

Since then the fellow is residing in my house along with his family and paying the rent. However, no rent receipt is given to him, neither he ever demanded the same.

Now we want to sell the flat and have made a deal with the buyer. However, the tenant is not occupying the flat tries to linger on every time whenever he is requested to vacate. I have been requesting him from the past two months. On the other hand, the buyer is insisting to execute the final sale deed [since he has paid the initial payment]

I am a senior citizen, and financially weak. I made a deal to sell my house just to earn something to cater my hospital / health expenses etc as I do not keep good health now a days. In addition to this my husband is also facing ample health problems. At present I am residing in South Delhi.

Please advise me what to do, as I am helpless and need your valuable advice urgently.

With regards

2 Replies

AnonymousLLB 18 Oct 2012, 20:46

Dear Sir

Have you accepted the initial payment from the buyer? If yes, you are on a weak footing as the buyer may go to court to compel you to sell the flat.

I presume the tenant you are referring to lives in another house where you want to shift back to. If yes, stop accepting rent from him and serve him with an eviction notice. You can then go to court and ask for for an eviction order. Meanwhile you could also file a police complaint for criminal tresspass under section 441 of indian Penal Code and urge the police to take action.

regards

AnonymousLLB 19 Oct 2012, 10:09

Thanks a lot Sir, for your valuable advice. I have already stopped accepting rent from August 2012 onwards. Apart from this, at the same point of time [i.e. in August 2012 itself] I had verbally requested the tenant to evacuate my house within a month.

I may also like to bring to your kind notice that, there is no formal/written rent agreement between me and tenant. Moreover, I had never given him the receipt of the rent paid [since he never demanded the same].

Can the above mentioned situation work in my favour ?

Moreover while lodging the complaint for criminal tresspass under section 441 of indian Penal Code, shall i mention that he was given the house for tenancy. Is it going to harm me, since prior to keeping any tenant, police verification is mandatory, whereas in the instant case no verification was done?

Once again, I sincerely thank for sparing your valuable time. God Bless you

Regards,

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