×
Civil Lawyers
06-11-2024

Hello sir/madam, My tenant and me are in mutual agreement that in I will give her money and in exchange she will vacate my premises. As per my knowledge, if we both sign agreement with witnesses signing and then notarize it, that will work. Problem is, for nearly 17 years, she has been depositing rent through rent control office. My questions are- 1. Since we are going for mutual agreement, my plan is to notarize the agreement after signing. Do I need to inform rent control that she has left my premises and no longer is my tenant? 2. With this notarized approach, is there any way using which she can try to claim her tenant status in future? Please explain above queries. Looking forward to hear from you.

•Answers Posted by Experts
Response 1.

Dear client as per your query Yes, you must notify the rent control office as part of the formal process indicating that your tenant has vacated and is no longer under tenancy. This would effectively help you update the official records in order to avoid future miscommunication. The notarized agreement provided to both parties would be upheld as legally binding by the Indian Contract Act, 1872; thus, it would become a strong proof establishing the tenant's relinquishment of their rights over the property. This would ensure the relinquishment of all such rights by the tenant and receiving the agreed amount as full payment. Notarization is helpful for the authentication of the document, but registration under Section 17 of the Indian Registration Act, 1908 offers better legal security to avoid future tenancy.Feel free to book an appointment for a detailed discussion.

Ayantika Mondal
View Full Profile
Response 2.

Dear Client, in your situation regarding the mutual agreement with your tenant, it is advisable to inform the rent control office that your tenant has vacated the premises. This will help update official records and clarify that the tenancy has ended, which is important given that she has been depositing rent through this office for nearly 17 years.With a notarized agreement indicating that she has vacated, it may reduce her chances of claiming tenant status in the future. However, since notarized agreements are not legally binding in court and do not provide the same level of protection as registered agreements, there could still be a risk. If she chooses to dispute her status, she might argue her tenant rights based on her long-term residency and previous arrangements unless you formally terminate her tenancy with proper documentation. Feel free to book an appointment for a detailed discussion.

Advocate Anik
View Full Profile

Recent Post

;