Rental Agreement / Lease Agreement Money Claim
5 years ago
I took a house for lease in my wife's name when we were in good terms which was fully paid by me (Husband) to house owner through cheque.
Now, we are going to family dispute and lease agreement of house is also with her which is not returning it.
The house owner asking for original agreement to return which I can't give.
1. Can she claim lease amount ?
2. How do I get this money back?
3. What precautions I can take now to claim?
4. Owner should transfer the way it was received to him?
Deepak Yashwantrao Bade
Responded 5 years ago
A.Kindly contact with vidhikarya lawyer for sending legal notice.try to settle down your matter with discussion.
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ROBERT D ROZARIO
Responded 5 years ago
A.1. Yes its possible, as per the agreement the Licensor recognizes her status as licensee not you. Even though you had made a payment by cheque its most likely she might assert that she had actually paid you in cash which you passed on to the Licensor by cheque. For this reason the agreement was executed in her name only as a Licensee.
2. I don't see much scope if you approach local police to register your complaint. It won't be much effective and be treated more like a civil matters. It is better to amicably settle the matter and get your money back from the owner. With sweet words you can move mountains, harsh words have no effect when it comes with relationship. Try to settle down the petty differences.
3 & 4. Come on paid consultation. Contact me through Vidhikarya.
2. I don't see much scope if you approach local police to register your complaint. It won't be much effective and be treated more like a civil matters. It is better to amicably settle the matter and get your money back from the owner. With sweet words you can move mountains, harsh words have no effect when it comes with relationship. Try to settle down the petty differences.
3 & 4. Come on paid consultation. Contact me through Vidhikarya.
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Manjula Shanmugasundaram
Responded 5 years ago
A.If some divorce or other case has already been filed before family court, you have to file you case for (i) declaration of the lease agreement into your name or (ii) an application for direction to your wife to pay the advance amount to you, in the same family court. If not, then depending on the nature of the lease agreement you would have to either file a suit before the civil court or a petition before the rent controller.
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Rajeev RJ
Responded 5 years ago
A.You can issue. a legal notice terminating the lease and asking the owner to refund the amount.
Regards
rajeev
RJ Associates
Trivandrum
Regards
rajeev
RJ Associates
Trivandrum
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