Handing over of vacant possession of Office property
16-Jul-2023 (In Landlord/Tenant Law)
In 2003, we had entered into Lease for our Office of area around 2000 sq.ft. The owner had assigned his wife, son, daughter and daughter-in-law as the Lessors apart from himself & some of his Companies and we signed 8 Lease Agreements with part monthly rents to be paid to each. The Lease was not registered. Subsequently, two portions were sold to a third party and based on letters exchanged, the rentals for those 2 portions were paid to the new owners. In the meanwhile, there were family disputes with the father, the owner on one side and the wife, son & daughter-in-law on the other side. Then the father demanded that the complete rent to him or to his assigned companies. As a via-media, for those disputed portions, we split the rent on 50:50 basis to satisfy both the parties. Now we wish to vacate. The father, who claims to be the sole owner, wants us to handover the possession to him where was the other side demand to be given to them as they are the Lessors. What to do?
To avoid consequences of handing over the possession to the wrong owner , you can file a case named INTERPLEADER SUIT which is a civil procedure device that allows some person to initiate a law suit in order to compel two or more parties to litigate a dispute( ownership in your case).
You will handover the possession to the court and then court will decide to whom it should be provided. Charges incurred in filing the suit will be repayed to you.
Else while handing over the possession to one party , ask him to provide you the indemnity towards other person claiming the ownership.
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Based on the facts narrated by you it is advisable to take suitable orders from the appropriate civil court within the jurisdiction of which the property is situated. there are specific directions which can be sought for and obtained so as to protect your rights as a tenant and prevent any unwarranted steps by any of the disputing parties.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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