If you have uninterrupted possession without rent for more than 12 years then your case is strong on the basis of adverse possession. Otherwise due to lack of evidences you may lose the case
Vacate property
My grandfather had rented a property on the "pagdi" system. My father became heir to the said property on my grandmother's death in the year 2004. My father's votercard, pancard, rationcard, bankaccount have this property's address. However electricity and water bills are in landlord's name. In the year 2006 my father shifted us to a new property which is in his younger sister's name(All the utility bills) in the neighbouring building. We kept visiting the property and took proper care. In the year 2012 landlord served us notice to vacate the property on the basis of non-occupancy. Now the case has come up for hearing in the lower court. our lawyer said to us since none of the utilty bills are in his name it will be difficult to win the case. KYC documents do not matter. Also few of the ITR's that my father filed prior to 2012 and after 2008 have new address. My question - will not having utility bills not in his name make my father lose case ?
Asked 7 years ago in Property Law
Religion: Hindu
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10 Answers
Notices were served to my aunts too after which they submitted documents in the court to waive off their claim on the said property. Also for few years the electricity bills for the old house were minimum. After case was filed my father moved back to that house and now the electricity bills are normal. My grandfather had rented the property prior to 1960. Also my father's name is mentioned as a co-owner alongwith my aunt's but all the utilty bills are in her name. My question - will he being a co-owner in the house make my father lose this case ?
Asked 7 years ago
KYC documents prove father was residing at the rented property address
2) merely because utility bills are not in yourfather name does not disentitle him to claim tenancy rights
In the court you have to prove your Occupancy as the landlord will provide all the substantial documents in regards to his claim of non occupancy.
1. if the landlord is claiming bonafide need of the tenanted premises which was originally let to your grandfather then he will have to prove that to the court
2. the court will check the comparative hardship that will be faced by both the parties - whether landlord will be prejudiced if the tenancy is not terminated or whether the tenant i.e. your father will be prejudiced if his tenancy is terminated
3. all of this will require evidence from both sides
4. after weighing the evidence of both the parties the court will decide whether to evict your father or to retain his tenancy
5. your father may be a co-owner in your aunt's flat but that does not mean that your father has another alternate premises and thus that would justify the landlord's claim
6. it may be that the other flat which is co-owned by your father is actually used by the family members of your aunt and your father only has his old flat as his sole shelter
7. having or not having utility bills in your father's name does not matter that much
8. because a tenant may have all the utility bills in his name but he may still not be using the tenanted premises - that would give a valid ground to the landlord to seek termination of tenancy and vacation of tenanted premises by the tenant
See having utility bills on the name has great effect on case in the tenancy case of the pagdi system though if there are not available then in that case the continuous use has to be shown that you were continuously occupying the property therefore the utility bills were best primary evidence though a contention can be made that same was on name of land lord from starting though at different point of time the address is used as your residence address.
Your father would not lose the case as he has documents proving his residence in said premises
In case they waived of the right still your father can contest his tenancy right based on the dependency on grandfather and no on the claim of the co owner you father wont lose the claim as it is tenancy and further the only dependant tenant who continuous to be tenant in the premises can make his claim.
Hi,
You are suggested to strongly contest the case and nothing can be predicted as winning or losing at this stage. All the best.
The utility bills are the substantial evidence to prove the occupancy of the rented premises.
It will be a tough task to prove however the other identity proofs on the same house held in your father's possession may come to his rescue provided the advocate argues in a presentable and convincing manner.
Your father has to establish his occupancy of the property even the utility bills are not on his name.
The other id proofs should come to his rescue.
It depends on how he convinces the court with the support of other documentary evidences in his possession.