lease property owner demise and Bank pressuting to vacate building. lease property owner demise and Bank pressuting to vacate building.

1 year ago

Hi There,

My situation we took 2Bk flat for lease for 2 years (normal lease agreement) and property having bank loan.
Owner committed death and bank people pressuring to vacate property as owner fail to pay EMI.
Also they told we are not going to get our lease amount under these circumstances. If they move forward to cease the building/flat.
What are my opportunities to recover my lease amount and what steps should I take.
Currently we are residing in lease property.
Owner family facing some financial trouble and they are not in the position to do settlement.
If we continue to stay in said property until amount recovery what are the legal option to avoid pressure from bank/3rd party to vacate property in the grounds of recovery.

Anik

Responded 1 year ago

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A.Dear Client,

You may issue legal notice to the legal heir or family of the deceased owner. If they fail to pay then file summary suit to recover your money with interest.
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Abhimanyu Shandilya

Responded 1 year ago

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A.Dear Client
You had your lease agreement with the deceased owner of the property and after his death his legal heirs should have stepped into his shoes to help you out. But since the property is under loan which has become NPA hence there is nothing that you or the legal heirs of the owner can do. You can check with the bank if they allow you to stay there when you/legal heir of the original owner transfer the lease amount to the bank.
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