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Settling rental dues

Published - November 22, 2019 03:24 pm IST

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

My son (settled in Bengaluru) let out his duplex house on the first floor of our premises for rent (₹21,000 per month), advising the tenant to credit the rent to his SB account.

He recently advised me that the tenant has not paid rent for the past 16 months and the total outstanding amount is ₹3 lakh.

The tenant left the house in August 2018 saying he is going to Conoor for a few days, but he hasn’t returned since. Whenever contacted, he claims to settle dues at the end of that month.

How do I go about settling the dues and getting control of the house?

Ravindranath P.P.

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Chennai

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You have to immediately file necessary legal proceedings for recovery of arrears of rents and for redelivery of possession. If there is an inordinate delay on your part in taking necessary legal action, the laws of limitation may affect your claim.

My daughter and son-in-law jointly bought a piece of land near Padappai in 2006 and registered it at the sub-registrar’s office. It was found subsequently that the survey number in the document was wrong.

The concerned VAO and the surveyor confirmed the error. The seller agreed to rectify the documents but more than 12 years have passed and nothing has been done. We then asked the seller to return the money which the party instantly agreed to do. Is it advisable for us to return the original documents to the party after getting the agreed money? How do we go about terminating the deal to ensure we don’t face any problems in the future?

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MR Babu

Chennai

A deed of reconveyance can be executed and registered by both of you under which you can reconvey the property to your original seller. The same will be treated as a sale deed for stamp duty and registration purposes and this cost has to be borne by your seller. On receipt of the agreed consideration, you can return the original sale deed to the seller, at the time of registration of the deed of reconveyance.

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