Releasing possession of rented property to land lord
3 years ago
I am Indrani, need advice for a dispute:
My grand father took a rented room in individual house more than 40 years ago. He lived with his 1 son(my father) ,3 daughters and spouce. After he passed away, my father started paying the rent where he was staying with my mother, grand mother and me.
All 3 aunts got married and moved to in law's house.
Now, my parents have died, my grand mom also passed away and I have got married and moved to outside west bengal with my husband.
There is no one staying at the rented room which is locked by us but my aunts don't want to leave the property as they are expecting a lump sum money from land lord before they vacant it. Also, they will not give any share to me.
But I want to get the monetary benefit before leaving the room as I born and brought up there and my father paid the rent till date.
Land lord is agreed to give me some cash to release their house.
But I am fearing that when my aunts come to know about this in future, they will go legal against me.
I don't discuss this offer of land lord with aunts also as they will go to Land lord settle it among them without giving me a penny.
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PROFORMA
PRAYER
WHEREFORE, the plaintiff prays that this Hon’ble Court may be pleased to pass an judgment and decree in favour of the plaintiff and against the defendants as follows.
a) Directing the defendants to effect partition of all the suit schedule properties by metes and bounds and put the plaintiff in possession of 1/5th
b) For grant of costs of the suit and such other relief’s as this Hon’ble Court may deems fit under the circumstances of this case, in the interest of justice and equity.
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APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 OF CIVIL PROCEDURE CODE, 1908
For the reasons stated in the accompanying affidavit it is humbly prayed, to restrain the respondents from alienating the suit schedule properties, till the disposal of this appeal, in the interest of justice and equity.
Plaintiff
Through
Advocate
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Sidhaarth
Responded 3 years ago
1) Now as you have said the entire property is locked in the current position it is better that you go and settle the matter with your landlord
2) Vacate the house as you are no longer staying in West Bengal and there is no need to tell your aunty that you have left the said property because they do not have any kind of legal rights on what settlement you make with the landlord for the same, as it was your father who was paying the rent and not your aunty...
3) So legally and morally you are NOT bound by anybody for the settlement amount which you will receive from the landlord in the house which you was staying... Kindly settle office matter at the earliest with your landlord and vacate the place… wishing you the best
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