• Cheated by Landlord

First Question :- I am Staying Pagadi system room in south Mumbai, i have given 80 % of amount through Cheque and balance in Cash, Landlord not prepare Agreement between us but electricity bill, Ration card is in my name, now Landlord is not well and his family refuse to give any answer to me, Building is under family dispute since 1993,how to come up with this situation, pls guide.What action i can take i want my premises and i am staying in same room at present.
Second question :- And even majority of tenet want to form society so that at least they get good   amount.
Asked 10 months ago in Civil Law from Mumbai, Maharashtra
1) do you have rent receipt by landlord?

2) when  was payment made by you ? 

3)if electricity bill ,ration card is in your name and you have rent receipts then you cannot be evicted  by landlord  without following due process of law . 

4) send email to landlord that as full payment has been made by you for the room to enter into agreement with you 

5) for formation of society you would need landlord consent 
Ajay Sethi
Advocate, Mumbai
23277 Answers
1219 Consultations
5.0 on 5.0
1)you have not mentioned complete details of your case . how did case reach HC /? why you depositing rent in HC 

2) has earlier tenant surrendered tenancy? 

3) if payment made to landlord he should have executed agreement in your favour 

4)1. Giving receipt for any amount received compulsory.

under section 31 of maharashtra rent act Every landlord shall give a written receipt for any amount at the time when such amount is received by him in respect of any premises in such form and in such manner as may be 
prescribed.

5)Any landlord or person who fails to give a written receipt for any amount received by him in respect of any premises shall, on conviction, be punishable with fine which may extend to one hundred rupees for each day of default. 

6) issue legal notice to landlord to transfer tenancy as full payment has been received by him . 

7) under section 55 registration of tenancy agreement is mandatory . Failure to enter into a written agreement of tenancy or leave & license or have the same registered punishable with  imprisonment 3 months – fine 5000/- or both (Sec.55).
Ajay Sethi
Advocate, Mumbai
23277 Answers
1219 Consultations
5.0 on 5.0
Hello,
1) You ought to have got the Agreement made in your name and the rent receipt ought to have been issued in your name as well.It does not matter that the family is not recognizing the payment you made as you have documentary proof to support the payment in case of the death of the landlord.

2) However since the landlord is ill and the Agreement has not been signed in your favour you need to send a formal notice to the land lord so that there will be record that you had made attempts to get the agreement made.

3) In case the landlord dies without entering into an agreement the legal heirs /family of the landlord will be liable. 
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
The remedy for you is to file a lawsuit for specific performance against the landlord, and if he is untraceable, his legal heirs, to either enter into the agreement with you to convey the property or refund with compensation the money paid by you to landlord.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
 I am Staying Pagadi system room in south Mumbai, i have given 80 % of amount through Cheque and balance in Cash, Landlord not prepare Agreement between us but electricity bill, Ration card is in my name, now Landlord is not well and his family refuse to give any answer to me, Building is under family dispute since 1993,how to come up with this situation, pls guide.What action i can take i want my premises and i am staying in same room at present.
A tenant is a tenant till the end.  He cannot claim ownership.
In Maharashtra the tenants are protected by tenancy laws and rights.
Since you hae given an amunt by cheque, it is a valid evidence to rove your tenancy. 
Moreover since there is a dispute going on since 1993, wait for the dispute to come to an end and then you can strat a fresh dispute from your side which ill again run for another 10 years or more. 



Second question :- And even majority of tenet want to form society so that at least they get good   amount.
The tenants welfare society can  be formed, there is nothing wrong in it.  The tenants will get a body to fight for them against all such oppression. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Don;t Know E Mail Can we send formal notice to him and, he has done same kind of cheating with one more family member based on that what we can do further level of action against him. and if he dies then from whom i can recover my money or premises.?
You can send a letter by registered post to the landlord in this regard, however since the problem is before court of law, in my opinion you may wait for the outcome but there is nothing wrong to create a record asking the landlord to execute an agreement.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Civil Lawyers

T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23277 Answers
1219 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
436 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0