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Avoidance of rent by the third generation of rent holder
21-Oct-2023 (In Property Law)
Property age is around 40 years and was given on rent at 4.5 rupees. Now the original rent holder and his son are passed away and his third generation is staying in the house and not paying rent since approx 8 years. The electricity and water connections are registered with the original rent holder. The people staying in this house are modifying / changing / upgrading this property without any advice or permission of the house owner. Owner of the property is having all the documents of ownership and lease deed. The rent holder wants to misuse the law and trying to take ownership of the property. Under this condition advice needed on below points: 1) How the owner of the property can take possession? 2) The rent rate is very old and low priced. How much it can be increased now and later periodically?
Firstly as per the rent control act, only structural modifications/alterations in the property would need the permission of the landlord. Minor modifications are allowed as long as it does not interfere with the structure of the property.
It is advisable to keep the connections in your name as that would be a proof to your ownership. However, since the documents of ownership and lease deed are in your name I see no possibility of taking over the ownership of the property illegally though criminal intentions may invoke such possibility.
Secondly, you can make an application before the small causes court for increase in standard rent in your property. The court will determine and has full discretion to increase the rent depending on the property, facilities provided and the current and fair expected rent out of such property.
You may consult me for further opinions on the same issue.
It is advisable to keep the connections in your name as that would be a proof to your ownership. However, since the documents of ownership and lease deed are in your name I see no possibility of taking over the ownership of the property illegally though criminal intentions may invoke such possibility.
Secondly, you can make an application before the small causes court for increase in standard rent in your property. The court will determine and has full discretion to increase the rent depending on the property, facilities provided and the current and fair expected rent out of such property.
You may consult me for further opinions on the same issue.
Helpful?
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21+
Adv. Krutarth Trivedi
Ahmedabad | 100+ Answers
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The property owner can take possession of rented property after lease expired or breach of any condition, therefore property owner shall file a civil suit in court for asking a possession and mesne profit.
Helpful?
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