Hello sir , since he is also the co-owner of the flat , he can file a civil suit for eviction .. However his claim shall be less entertained by court as you are staying on behalf of your daughter family and not as a tenant .. His legal battle will be of no effect ..
Flat in the name of daughter and son-in-law; demand for rent by son-in-law but daughter does not wan
My daughter and son-in-law bought a flat but major portion of the value was out of the savings of my daughter. My son-in-law joined as a joint owner for the purpose of availing loan from the bank as my daughter had resigned her job. The flat was identified by me, did all the paper work on their behalf including arranging bank loan and the subsequent interiors. I have also contributed substantially towards the interior and more so my time and energy. Initially my daughter and son-in-law agreed to permit me and my wife to stay in this flat as long as we desired. My daughter signed a rental agreement with me in 2009 for RS 10,000/- p.m more as a formality for establishing my residential address for obtaining gas connection for the flat in my name. However, she or my son-in-law never demanded or insisted for payment of rent nor gave any notice as there was no intention to collect rent from me. Now my son-in-law is insisting for entering into a rental agreement for Rs 20,000/- per month but my daughter is not in favour of it. In fact he has sent me a demand for executing the rental agreement through email and what's app without the consent of my daughter. Under the above circumstances, is it necessary for me enter into a rental agreement when my daughter is not in favour of it? Further, I am enjoying the property at the will of my daughter who is the joint owner had has majority stake in the property by way of investment. I have also been paying the monthly maintenance and contributing to the corpus fund of the Residential association of the flat out of my bank account. Please guide me about the legal status of my continuing to stay in the flat as my daughter does not want the rent from me.
Asked 6 years ago in Property Law
Religion: Hindu
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10 Answers
You hadsigned rental agreement wherein you agreed to pay Rs 10000 as rent
2) your son in law is joint owner of flat
3) any rental agreement needs to be signed by both the co owners
4) your son in law cannot demand that you pay Rs 20000 without your daughter consent
By doing all this you don't have any right on the property any any stay rights without their wish, However you have a right of maintenance from your daughter to you and she has to support you. The property is joint so any rent agreement should be from both of them and you.
Please check if for any reason he wants to increase his income by way of rent from property as one source.
Since your son-in-law is a co-owner of this property with your daughter, his is competent to raise this demand. In any case, since he owns half of this property, he is free to take decisions with respect to the manner in which one-half of this property is to be put to use.
Having said that, since your daughter is on your side, you can continue with your occupation and possession over this property until the time this fellow takes a legal recourse with you.
1) If your daughter does not want money but your son in law want rent from you, so shut your son-in-laws mouth shut by entering into rental agreement and major portion is in your daughter's name so ask the signature of your daughter on agreement, minus your daughter share from rental accordingly. Check how many percentage share your daughter have in the purchase agreement.
Hi,
This a tricky situation because of relations. You are suggested to consult your daughter and then enter into the rent agreement. While entering in to an agreement make ensure to include your expenses too.
If you daughter is the owner of the said flat and she doesn't want rent from you then there is no requirement for entering into any rent agreement. You can stay as per the terms of your daughter.
Your son in law is a co owner if he has to take action against you he needs to go for partition suit in the same. If your daughter doesn't charge you then no need to execute rent agreement, let your son in law decide what he wants to do
Since the property is jointly owned by both, and if there is no cordial relationship between the couple, then he may demand rent from you insofar as his share in the property is concerned.
However the rental agreement should be entered into by both with you, without which he cannot claim rent by himself.
Whatever, you cannot refuse to pay rent to the owner of the premises in which you are a tenant, hence try to solve this issue amicably instead of taking it through legal forum, if so you will land up in great loss including an eviction notice from court.
Dear Senior Citizen,
Please stay in peace. Nothing will happen. The notice is invalid since your wife has not consented for issuing such notice being a major share holder. Secondly you are in permissive possession and even you can claim adverse possession and thus claim title over the property. But it is not good. They have to approach the Court to get vacate you, it is not possible because your daughter may not give consent for it.
Any way it a property of your own people and take some deed from them and continue staying, if not let them go to Court, nothing will happen. You may counter claim for your amounts spent on it by putting your man power and investments for its development. Nothing to bother. Any way go slow orelse the family life of your daughter may spoil. If you have time then please come to my office.
