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Author Topic: Landlord Tenant Issue  (Read 277 times)

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Offline sverma7777@yahoo.com

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Landlord Tenant Issue
« on: January 24, 2018, 01:42:45 AM »
What is the definition of a "Tenant" according to Section 106 of the Indian Transfer of Property Act.

Situation is like this:
Husband wife residing in a rented house. Husband is the only signatory for the rent agreement.
Husband and wife started fighting and have filed for divorce.

Husband subsequently vacated and is refusing to pay rent. Wife is not vacating. Hence, husband cannot technically vacate the premises and terminate the agreement. Husband is also unwilling to throw out wife's possessions.

Question 1: In a civil case, can wife also be implicated? If so on what grounds. She has no role in the agreement.
(If she gets implicated, she will vacate because she does not have financial willingness to fight out.)

Question 2: What is the definition of "Tenant" according to section 106.

Offline advjaibansal

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Re: Landlord Tenant Issue
« Reply #1 on: January 25, 2018, 05:33:20 PM »
Dear Sir,

Wife has the right of residence against the husband and not against the landlord. Landlord may file a case against the wife and husband both and get the house vacated. If wife wants to stay in the premises, she needs to file a case against the husband under domestic violence act seeking directions to pay the rent to the landlord for the tenanted premises.

Wife will be covered under tenant even if her name is not there in the lease deed or rent agreement.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline kalaskarkk

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Re: Landlord Tenant Issue
« Reply #2 on: February 02, 2018, 12:28:51 AM »
Dear Madam,

Question 1: In a civil case, can wife also be implicated? If so on what grounds. She has no role in the agreement.
(If she gets implicated, she will vacate because she does not have financial willingness to fight out.)

Ans: Normally husband will be arrayed as defendant in an suit for eviction. But in your case you being in illegal possession of property as a trespasser.

Question 2: What is the definition of "Tenant" according to section 106.

Ans: Question 1: In a civil case, can wife also be implicated? If so on what grounds. She has no role in the agreement.
(If she gets implicated, she will vacate because she does not have financial willingness to fight out.)

Question 2: What is the definition of "Tenant" according to section 106.


It may be noted that the term "statutory tenant" which is not to be found in the Act in question or in the other analogous Rent Acts in force in other States in India, is indeed a creature of the   English Rent Act. English Rent Act 1977 which was enacted to consolidate the Rent Act 1968, this term has often been used to denote a tenant whose contractual tenancy has   been terminated but who has become entitled to continue to remain in possession by virtue of the protection afforded to him by the statutes in question, namely,   the various   Rent Control Acts, prevailing in different States of India.

Transfer of Property Act, 1882


106. Duration of certain leases in absence of written contract or local usage

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 expiring with the end of a year of the tenancy; 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 expiring with the end of a month of the tenancy.

Every notice under this section 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.

Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
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Re: Landlord Tenant Issue
« Reply #2 on: February 02, 2018, 12:28:51 AM »

 

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