Respected sir/ madam My father was the tenant in a paghdi system building. Father died in 2010. In the year 2006 my landlord printed new rent receipts with his name and his 2 sons name on it as owners. I had shifted from paghdi system building to my ownership flat in Navi mumbai. I used to pay rent every 3months to landlords sons and used to get receipts for the same. My electric bill used to come below 50 units [ Rs 150 to 200] minimum bill from electric department As my flat was always closed and unutilized Now my landlords plantif no 1 ,2 and 3 have filled a eviction suit on my father as they were not knowing about the death of the original tenant . My landlord is a senior citizen all day to day work is been looked after by his sons. All 3 landlords have filled eviction suit for bona-fide requirements and non users ground. The original purchase deed of conveyance is in name of only first landlord. The 2nd and 3rd landlord has issued me rent receipts in past several years in name of original tenants name as I had not approached them to transfer the rent receipt in my name as they would demand some money. Now can I deny the sons of landlord as Co landlord in my suit. How can I ask them to prove they are co landlords. Merely by giving me rent receipts signed by them and by printing their name on rent receipts along with the original landlord make them landlords. They have asked me to produce my father's death certificate. I have not produced the same because it has my new Navi mumbai residence address . Kindly advise in the above matter.
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You should file detailed reply and contest the eviction suit
2) you cannot deny that they are landlords as you have accepted rent receipts signed by them for number of years .
3) you should produce your father death certificate
4) on father demise you and your siblings are deemed tenants
Dear client,
Based on the information provided, it appears that your landlords are claiming that they require the property for bona-fide requirements and non-use grounds to file an eviction suit against you. However, you are questioning their claim of being co-landlords and have not produced your father's death certificate as it has your new address.
To address your query, you can request the landlords to provide proof of their co-ownership of the property. Merely printing their names on the rent receipts does not make them co-owners of the property. They would need to produce documents such as the property deed or any legal agreement that establishes their ownership in the property.
Regarding the death certificate, you can explain to the landlords that you have not produced it as it has your new address, but you can provide them with a copy of your father's death certificate along with an affidavit explaining the reason for the different address.
It would be best to consult with a lawyer who specializes in property and tenancy laws to understand the legal implications of the situation and to determine the appropriate course of action to take.
If they filed the eviction suit you can challenge the same on merits properly.
If the other two sons have claimed joint ownership, it is pertinent that they need to enter their names in the rental agreement at least subsequently with the consent of the tenant.
They have issued the rental receipts all these years but never questioned who paid them the rental amount.
There can be many such loopholes on their side which need to be ascertained and get their suit dismissed.
You can discuss with your advocate properly and contest the case accordingly.
No original landlord will be always there in the land records of the said property.
You cannot deny the sons of the original landlord to be the co landlords
Once you have accepted the rent receipt issued by them jointly, now you cannot turn around and deny their title just because they have filed an eviction suit against you
Accepting the rent receipt from the 3 landlords is an implied (or if I can say, express) admission by you of their title as co landlords
Also u/s 114 of evidence act you are precluded from doing that
You are not using the premises. That is evinced from the electricity consumption. So the ground of non user against you is adequately made out
If not for bonafide requirement, you will suffer a decree against you surely on the ground of non user unless you can prove to the contrary
Not producing the death certificate of your father may invite adverse inference against you
You have your own ownership flat. So it is very clear that you do not need the tenanted premises
So by raising frivolous grounds and objections you cannot save your tenancy
Respected sir/madam My father was originally the tenant. He expired in 2010 at my new residence at Navi mumbai. I had not stopped paying rent till date. To landlords (all 3) collectively issues a common rent receipt. What documents should I ask the other 2 plaintiff besides the rent receipts to prove that they are co owners. Just been landlords sons makes them co owners. As they issue rent receipts to me and other tenants in the same building. Kindly reply in the above matter
Whether father has executed registered gift deed in 2 sons name ?
Whether mutation has been done in revenue records in sons name
There is no law making the sons of the landlord the cosharers or joint owners of the self acquired property of the father automatically.
If the father/landlord has executed a gift deed allotting them a portion of house or had mutated the property on their names also then they can claim title to the property, without which their demand for title is not legally valid.
However you should bear it in your mind that default in monthly rental payment shall become a strong reason for them to evict you.
Besides the tenancy has not been transferred to your name, not only that you have stated that yo do not stay there as well.
Hence you may have to defend your interest properly on the basis of any other documentary evidences in your support.
The original landlord included the name of his 2 sons as co landlords and you have been paying the rent and they have issued rent receipt to you
So upon paying the rent you have accepted the title of the 2 sons as co landlords
Now just because you are facing an eviction suit you cannot deny the title of the 2 sons to be the co landlords and ask them to show documents to prove their ownership
The court will take this as a delaying tactic by you
And in any event even if you manage to somehow prove that the 2 sons are not the co landlords, the original landlord who is a co Plaintiff can very well continue the suit against you
Your ground of objection is frivolous and will not stand the muster of the law
They will only have rent receipt in the said case
Dear client,
To prove that the other two plaintiffs are co-owners of the property, you can ask for the following documents:
Property ownership documents: You can ask the other two plaintiffs to provide documents proving their ownership of the property, such as the property registration certificate, sale deed, or any other legal document showing their share in the property.
Joint bank account: If the other two plaintiffs have a joint bank account related to the property, you can ask for a copy of the account statement, which can serve as proof of their co-ownership.
Correspondence with authorities: If the other two plaintiffs have corresponded with authorities, such as the Municipal Corporation or the Income Tax Department, regarding the property, you can ask for copies of such correspondence, which can serve as evidence of their co-ownership.
Any agreements: If the other two plaintiffs have entered into any agreements or contracts related to the property, such as a rental agreement or a lease agreement, you can ask for copies of such agreements, which can serve as proof of their co-ownership.
It is important to note that the above documents may vary depending on the specific circumstances of your case, and you may need to consult with a legal expert to ensure that you have all the necessary documents to prove the co-ownership of the other two plaintiffs.