Ration card
1 year ago
My tenant are obtained ration card , without my n.o.c. or they have no agreement copy, they are not giving rent to owner pls help me
A.Good evening!
With respect to the non payment of the rent, the breach can be handled according to the provisions of your rent agreement. Consistent defaults can be dealt with by serving a demand notice for the payment. Further, an eviction notice can be served.
With respect to the non payment of the rent, the breach can be handled according to the provisions of your rent agreement. Consistent defaults can be dealt with by serving a demand notice for the payment. Further, an eviction notice can be served.
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A.Dear Sir,
Get issue eviction notice as follows and throw him out of the house.
==============================================================
Section 106 in The Transfer of Property Act, 1882
1[106. Duration of certain leases in absence of written contract or local usage.—
(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.
(2) Notwithstanding anything contained in any other law for the time being in force, the period mentioned in sub-section (1) shall commence from the date of receipt of notice.
(3) A notice under sub-section (1) shall not be deemed to be invalid merely because the period mentioned therein falls short of the period specified under that sub-section, where a suit or proceeding is filed after the expiry of the period mentioned in that sub-section.
(4) Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.]
REGISTRATION ACT
Section 17(1)(d)[2] of the Registration Act mandate registration of lease deeds in case an immovable property is leased
• from year to year, or
• for any term exceeding one year, or
• reserving a yearly rent.
Thus, a lease for a period exceeding one year can only be made by way of a registered instrument. All other leases of immoveable property may be made either by a registered instrument or by oral agreement accompanied by delivery of possession. Similarly, Section 18(c) of the Registration Act exempts a lease deed granting lease of an immovable property for any term less than one year from compulsory registration
Get issue eviction notice as follows and throw him out of the house.
==============================================================
Section 106 in The Transfer of Property Act, 1882
1[106. Duration of certain leases in absence of written contract or local usage.—
(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.
(2) Notwithstanding anything contained in any other law for the time being in force, the period mentioned in sub-section (1) shall commence from the date of receipt of notice.
(3) A notice under sub-section (1) shall not be deemed to be invalid merely because the period mentioned therein falls short of the period specified under that sub-section, where a suit or proceeding is filed after the expiry of the period mentioned in that sub-section.
(4) Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.]
REGISTRATION ACT
Section 17(1)(d)[2] of the Registration Act mandate registration of lease deeds in case an immovable property is leased
• from year to year, or
• for any term exceeding one year, or
• reserving a yearly rent.
Thus, a lease for a period exceeding one year can only be made by way of a registered instrument. All other leases of immoveable property may be made either by a registered instrument or by oral agreement accompanied by delivery of possession. Similarly, Section 18(c) of the Registration Act exempts a lease deed granting lease of an immovable property for any term less than one year from compulsory registration
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A.Dear Client,
In absence of documents proving one's address and identity and other factors of entitlement, Deptt of Food and Supply can't issue Ration Cards. So reach out to concerned Office of Rationing Officer and bring the matter to the notice of them for n. a.
As regards non payment of monthly rent, it may not be appropriate to comment on this in absence of contents of rent agreement if any.
However, you may reach out to the office of concerned Rent Controller for resolving your claim post service of a legal notice to the tenant for eviction.
In absence of documents proving one's address and identity and other factors of entitlement, Deptt of Food and Supply can't issue Ration Cards. So reach out to concerned Office of Rationing Officer and bring the matter to the notice of them for n. a.
As regards non payment of monthly rent, it may not be appropriate to comment on this in absence of contents of rent agreement if any.
However, you may reach out to the office of concerned Rent Controller for resolving your claim post service of a legal notice to the tenant for eviction.
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