Tenant query
3 years ago
I have taken a rented home around 3 years back in 2017. It was taken with the brother of the owner since he has power of attorney of that flat. The rent agreement was done for 11 months only, post that no rent agreement was done later. After lockdown actual owner who lives in US came to India and cancelled the power of attorney in the name of his brother. Then we have a new rent agreement with the actual owner of the flat and lived there for around 2 months. Now we have left that house and surrendered the keys to the actual owner.
Post leaving the house, owner's brother is now harnessing me to for not giving him the keys of the hours and last 2 months rent. Also he is sending me legal notices for that. Please suggest to my below list of questions:
1. Whether I should return the the keys to owner or his brother.
2. Whether I'll be in any legal danger if any of onw will do case on the other.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Since the Power of Attorney and the rental agreement both were non existent and you signed a new contract with the original owner therefore you are only liable to the original owner. However, you should reply to the notice which the other person sent to you. Also, if both them file a case against each other you would not be having any such difficulty.
As stated in your facts, the Power of Attorney was cancelled and there was no rental agreement with the other party, and you signed a agreement with the original party only therefore you are only accountable to the original owner. And hence, you should have handed over the keys to the original owner only. Nonetheless, you should reply to the notice which the other person sent to you. And, if a dispute arises between both of other parties and they file a case against each other you would face no substantial issue.
Sourav Mukherjee
Responded 3 years ago
Ankur Goel @ Complete Law Shield
Responded 3 years ago
PoA was cancelled.
new rent agreement was made with actual owner.
reply to legal notice for harassment and warning to file FIR.
you can be called as witness in their case if you agree.
Hope this clarifies,
Advocate Ankur Goel
(Complete Law Shield) #YourLifeYourChoice
Note - This is just a small advice. Proper advice can happen only after going through details.
SATYENDRA KUMAR YADAV
Responded 3 years ago
Then contract is vide but it just besic advice better for you you should slow your notice what is in the notice then I can give you better suggestions
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