1. If there is counterpart rent receipt or other document showing his status as tenant or the payment of rent to your bank is enough to prove the tenancy.
2. same as above
3. same as above.
The documents you have is enough to prove the tenancy.
Mutation of land
We have a multistoried building in Midnapore, West Bengal. We inherited the property from our parents on their demise. One portion of the building is rented out to United Bank of India, second portion to a private school and third portion is retained by us for our personal use. We have requested Additional District Magistrate (Land Records) for mutation of the land records in our name. The school has claimed that they have possession of the property. We have produced all the records relating to sale deed of the land by our father, approved plans of Municipality for construction of building, payment of taxes for the complete building. School are paying rents regularly into our Savings bank account. Electricity charges are being paid by UBI bank and school for their respective usage. School is now claim ownership of the property under rent to them under the ground that they are paying electricity charges. They have in a meeting held with senior Land Records Officers that they do not have any other records in their favour except electricity bill receipts. Land records Officers wanted a written rental agreement between school and us and the school management is not cooperating. 12th March 2020 is the last date for submission of the agreement. The process of mutation is open for a limited period. We know that the law and rulings of various superior courts are in our favour. We are planning to submit our claim for mutation along with the following so that case can be settled at the District level without need to go courts which take enormous time. Your legal opinion on the issue regarding 1. The validity of oral rental agreements in the absence of written agreement (with copies of recent judgements of Supreme Court or High Court of West Bengal) 2. Adequacy of evidence to prove our ownership in the form of payment of rent into our bank account by the school as proof that they are only tenants. 3. Payment of electricity bills to a utility provider is not proof of ownership of property Your opinion on a letter head with rulings by the superior courts with copies attached may please be sent to my email address Email [deleted]
Asked 4 years ago in Property Law
Religion: Hindu
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8 Answers
1. It's valid but needs to be proved
2. You can prove the rent payments, receipts to do so.
3. No it's not a proof of ownership at all.
An oral agreement is as equally valid, as a written one.
2) the deposit of monthly rent into your bank account prices that school was a tenant
3) payment of electricity bills does not make tenant owner of property
School claim on the basis of paying bills while on rent - this is the poorest ground to claim ownership. Will not materialize. On the contrary, denying title of landlord, ground of eviction.
Rent agreement is not condition. You have sale deed, your title is perfect. Challenge the Land records Officer demand before collector and also issue notice of eviction to school for denying your title and refusing to execute rent agreement.
Whether there is agreement available or not, you have sale deed suffice for mutation. Payment in bank account also solid proof of tenancy.
1. Lodge a police complaint reporting that the said rent agreement entered in to by your father with the said school has been lost or misplaced. Collect the GD no. from the police station. It will no longer stay as oral agreement. It is not a crime to loose or misplace the rental agreement entered in to by your father.
2. The payment of the rentals is adequate evidence to prove the tenancy of the said school.
3. Payment of electricity bill does not prove ownership of the property.
Hello,
Give them an eviction notice and proceed further to evict the school from there as temporary settlement can lead to trouble in future.
Regards
An oral agreement is as equally valid, as a written one. The legality, of an oral agreement, cannot be questioned, if it falls under the ambit of the requirements stated in section 10 of the Indian Contract Act, 1872.
Deposit of rent into your bank is enough evidence to prove the tenancy.
1. The payment of rental amount every month regularly by the school is a strong evidence to prove that the premise has been let out on oral rent to school.
2. You are right.
3. You are right.
You may not get proper justice in SDM court, the relief for you is available in the civil court alone even though it is time consuming.
