HI,

I have got a house which is registered in my name in chennai and I have rented the same. I keep travelling frequently hence my mother rented the house to my tenant. Now we need the house back for our personal use. The rental agreement is in my mothers name as owner and the tenant.

There is a clause in the rental agreement which says that the owner is my mother and her legal heirs and her representatives. When I (actual house owner) want to have the house back for my personal use the tenant refuses to vacate the premises and informs me that the agreement is between my mother and him and I dont have any say here.

Pls let me know how can I resolve this issue. Can i give the power of attorney to my mother and get it back again so that I can cliam that i have the power now or is it enough if my mother sends the notice to vacate the house or is it valid if i send the vacation notice as there is a clause in the agreement which says that the owner includes my mothers legal heir which is me. Pls suggest.

Thanks and Regards
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  • Originally Posted by ragvi01
    HI,

    I have got a house which is registered in my name in chennai and I have rented the same. I keep travelling frequently hence my mother rented the house to my tenant. Now we need the house back for our personal use. The rental agreement is in my mothers name as owner and the tenant.

    There is a clause in the rental agreement which says that the owner is my mother and her legal heirs and her representatives. When I (actual house owner) want to have the house back for my personal use the tenant refuses to vacate the premises and informs me that the agreement is between my mother and him and I dont have any say here.

    Pls let me know how can I resolve this issue. Can i give the power of attorney to my mother and get it back again so that I can cliam that i have the power now or is it enough if my mother sends the notice to vacate the house or is it valid if i send the vacation notice as there is a clause in the agreement which says that the owner includes my mothers legal heir which is me. Pls suggest.

    Thanks and Regards


    Dear friend,

    As per the rental agreement signed, there should be a notice to vacate clause, possibly 3 months notice by either party. Your mother having signed the rental agreement, can issue this notice to vacate the house. Do not enter into the legality of the rental agreement already signed by your mother with the tenant at this stage.

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