We have given a flat on leave and license of 11 months to a company in a residential apartment. We have been renewing the same every 11 months for the last ten years. Last time there agreement expired in apr 2014 and my father had already taken a letter from them syaing that they would vacate the flat by may 2014. They have not been payjng the leave and license fees regularly since the last 3.5 years. Meanwhile my father passed away last year in apr 2014 and we started telling them to leave and following up for the pending leave and license fees. They started to pay up gradually and slowly. Meanwhile they also gave us a leter saying that they will vacate the flat by nov 2014 and requesting us to extend the agreement till then which we did. How ever they did not vacate and they stopped paying the rent in dec 2014. We stopped following up for the leave and license fees but started following up continuously for them to vacate. Suddenly now they have given us a letter stating they have had to leave coz its not clear to them as to who the property belongs to now after mh father, s demise and that they are forcefully vacating the flat. However they have claimed the advance rent, brokerage, shifting costs and other misc expenses from us; the amojnt being 5.26 lacs in that letter.
Pl suggest what is our position in thid case and do they have any rights over our property.
Asked in Civil Law from Kolkata, West Bengal
If they have issued a legal notice that way mentioning them as contents, you have to give a reply notice denying their allegations. The reason what they quoted seems to be absurd and not tenable in law especially when they have already issued a letter earlier to renew the agreement up to Nov 2014 and now acting funny by mentioning some irrelevant reasons and trying to claim false gains taking advantage of your title.
You can consult a lawyer, discuss and give a fitting reply based on the strength of the situation favoring you.
1) refuse to pay Rs 5.26 lakhs demanded
2) contact a local lawyer issue legal notice for eviction
3) file suit for eviction as period of leave and licence agreement has expired
4) they have no rights on your property and cannot claim advance rent, brokerage, shifting costs and other misc expenses
1. After the demise of your father the flat owned by him has, in the absence of a will drawn by him, been inherited by his children and widow.
2. If the leave and license agreement provides for the refund of the advance rent the company can legally recover it.
3. The unpaid rent can be recovered by you by filing a petition to this effect in the court.
4. The shifting costs are to be borne by the individual who shifts. The brokerage is also not to be accounted for by the licensor except if there is an agreement to this effect.
5. If the company refuses to evict you will be at liberty to first issue a lawyer's notice to it and then file a case for its eviction if the notice from your lawyer does not bring the desired result.
1. Collect legal heir certificate for the said property,
2. Ask the PSU to cavate the flat after paying the lease rent arrears to the legal heirs,
3. Send a copy thereof to the CMD of the PSU,
4. You can file an eviction suit against the said PSU.
Hi,you need not necessarily pay the amount what they claim and legally you are not liable to pay any amount.
2. Take the possession of the property and then if they want to claim any amount they have to approach court and you need not pay anything to them.