Hi, you to enquired before the Jurisdictional Sub-Registrar office, where you can able to get the details of the owner. Further, don't quit the property. Let him go through the process of the court. Then you can take this probable defense in the court of law.
Landlord is not the owner of the house at all
I have been residing in a flat in Navi Mumbai on rent since 2015. A notarized lease agreement was never made in all these years. Only a non notarized agreement was made very 11 months and commission paid by me to an agent after every 11 months. This year in March I suspected that a man claiming to be the owner's son all these years was not the owner's son at all. My suspicion was proved right when I was given various excuses by the man of lock-down and much more. The man kept telling me to confirm with the secretary of the housing society about the ownership. I believe that the secretary too is involved in it. The flat may be belonging to someone who is abroad and was misused by these people. After the lock-down, the person showed me a share certificate of the society which I believe was got made for him by the secretary. He also showed me a possession letter. But I have not been shown the sale deed even once till date. The man claiming to be the owner's son now wants me to vacate the premises and has given me a deadline of 18th October. I tried searching online but Maharashtra property e search is for properties from 2002 onward. I went to the local municipality ward office but was denied information of ownership title on privacy invasion basis. Someone please guide. Thank you.
Asked 3 years ago in Property Law
Religion: Hindu
8 Answers
You have to vacate premises on expiry of agreement
2) if you fail to vacate he would file eviction suit against you and claim penal rent from you
- First of all provide information whether your rent agreement is a license (Leave and Licence) agreement or a Lease agreement? A License agreement need not be registered, hence it need not be notarized. An unnotarized License agreement is perfectly valid if it meets the other requirements of a valid agreement.
- Has anyone other entity, other than the second party of your rent agreement claimed to be the owner? Has attempt been made by any other entity to evict you from the premises, claiming to be the real owner? If not, I fail to understand the cause of your troubles. Primafacie the other party of your agreement is the owner and there is no reason for you to think otherwise.
- As per the owner now desiring you to vacate, you must provide complete information as to whether your agreement is expiring on the date he desires you to vacate, or is he desiring you to vacate prior to termination of agreement? Has he served a legal notice upon you?
- You have to visit me for complete guidance.
You don't vacate the premise on the given deadline.
You ask him to proceed through court of law to evict you.
If he is the real owner then he will certainly file an eviction suit, if he is not then he may come for a compromise with you.
If he has shown you the possession letter issued by the builder on his name, then he should be having the registered sale deed also, hence you may scrutinise the possession letter i.e., to whom it was issued, if it was his father whether he is the actual son of his father and if yes, does he have any power of attorney deed from his father to deal with this rental agreement as well as to collect the rent.
You can also issue a legal notice questioning his authority over the property on the above lines.
If you don't believe he is the owner then contest the proceedings filed by him in the court on merits.
Dear Sir/Madam,
You are suggested to get the information by way of RTI.
- If the said owners son is trying to evict you from the tenanted premises , then you can file a suit for Permanent Injunction to restrained him from taking possession forcibly from you.
You can approach the civil court and file an appeal for Temporary Injunction.
