I've taken a house for lease of 20lacs, the property also has a home loan I've taken a house for lease of 20lacs, the property also has a home loan

3 years ago

I've taken a house for lease of 20lacs, the property also has a home loan for which owner is unable to pay EMI's for past 3 months and banks have issued a legal action will be taken in 7days. The lease agreement is valid till Aug 2021. I've requested to repay my lease amount so that I can vacate. I doubt if the owner can repay until he finds a new tenant. How can I initiate legal action against the owner? Also does the bank have right to evict us ?

Sourav Mukherjee

Responded 3 years ago

A.File a civil case take temporary injunction to clear out the litigation..
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Rajaganapathy Ganesan

Responded 3 years ago

A.Send a notice to bank that you are residing and cannot be evicted. File a case to recover money and include bank.
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DIYAVARHUSSAIN SHAIK

Responded 3 years ago

A.Dear Client
As per your inputs, you are the rightful tenant paid 20 lakhs towards lease of the said house, due to bank loan the banker will initiate legal actions against the said house,
as you are a lawful tenant paid 20 lakhs advance you have every right to claim that paid 20 lakhs so issue a legal notice both to your land lord and the banker and file a stay petition in the court restraining the banker to evict you from that house till your advance amount 20 lakhs repay by your land lord. process the legal actions immediately
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Anik

Responded 3 years ago

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A.Hi,
The bank has the right to execute the eviction order.
Although, the bank will grant you sufficient time to vacate the premises.
However, the repayment of lease amount will depend upon the terms and conditions of the lease agreement.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
The bank will grant you sufficient time for vacating the premises before executing the eviction order.
However, you may send a legal notice to the owner, in case of default.
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