Competent authority under maharashtra rent control act 1999

Normally, the competent authority hears the parties and the tenant can be vacated within 6 months of filing the application. Competent authority means the competent authority appointed under. The maharashtra rent control bill 1999 passed with amendments by both the legislative assembly and legislative council, aimed to unify the three different rent control laws, in operation in the state of maharashtra. Under rent control act 1999, issued draft rules for objections and suggestion to be finalise on or after 31st march 2017. Salient features of the maharashtra rent act, 1999. Maharashtra rent control act 1999 section 3 1 b applicability of the rent act paid up share capital of a company jurisdictional fact and adjudicatory fact the f inheritence of tenancy rights under maharashtra rent control act 1999 property law this query is. Maharashtra rent control act, 1999 indian kanoon legistify. Section 24 of the maharashtra rent control act of 1999 is very important as it states, after the expiration of the duration or cancellation if license fails to vacate the premises then licensor can approach the competent authority for the recovery of possession of the licensed premises and can also get the damages from the licensee. Under sec 24, if the licensee does not hand over the possession of residential premises at the end of term of agreement, the owner can approach the competent authority for relief, who shall pass an order for eviction. According to him, in view of the plea taken by the plaintiffs, there was a relationship of the licensor and licensee and, therefore, the proceedings could be filed only before the competent authority under chapter viii of the maharashtra rent control act, 1999 and not before the small cause court under the presidency small cause courts act.

Section 29 landlord not to cutoff or withhold essential. Vimalaben gosalia and anr vs veena dushyant malgonnkar on 6. Recovery of possession in case of tenancy created during service period. Section 40 appointment of competent authority leave. Competent authority, landlord, legal representative, licensee, local authority, paying guest, permitted increase, premises, standard rent. The maharashtra rent control act, 1999 maharashtra. Competent authority, rent act, konkan division, mumbai. In this act, unless there is anything repugnant to the subject or context,1 competent authority means the competent authority appointed under section 40. But, there is exemption of certain premises under section. Acquisition and transfer of undertakings act, 1970 or under section 3 of the. Landlord entitled to recover possession of premises given on licence on expiry. It is learnt that the bill is sent for the assent of the president. Appointment of competent authorities under the mof act, 1963. Laxman bhaguji kawade vs dnyaneshwar krishnaji takalkar.

Section 29 landlord not to cutoff or withhold essential supply or service 1 no landlord, either himself or through any person acting or purporting to act on his behalf, shall, without just or sufficient cause, cutoff or withhold any essential supply or service enjoyed by the tenant in respect of. Salient features of the maharashtra rent act, 1999 by bharat gupta, advocate distinction under the law between lease and licence by sanjay chaturvedi tenancy agreements to be compulsorily registered under new maharashtra rent control act. Section 24 of the maharashtra rent control act, 1999. The competent authority was directed not to take any decision till the civil suits pending in the small causes court and high court are finally decided. Appointment of competent authority maharashtra rent control act. Under section 55 1 of the maharashtra rent control act, 1999, any agreement for leave and license or letting of any premises entered into between the landlord and the tenant or the licensee as the case may be should be in writing and should be registered under the registration act, 1908. If the licensee does not vacate the premises, the owner may apply to competent authority under the maharashtra rent control act, 1999, having office at mhada building, bandra east, mumbai 400 051. Section 24 of the maharashtra rent control act, 1999 indian.

Maharashtra rent control rules 2017 will be effective. Appointment of competent authorities under the mof act, 1963 housing department. The petition arises out of proceedings of application under section 24 of the maharashtra rent control act, 1999 hereinafter referred to as the said act. The maharashtra rent control act, 1999 came into force. This act does not apply to any premises belonging to the government or a local authority, any premises let or sublet to banks, or any public sector undertakings or any corporation established by or under any central or state. Accommodation times news services at last, the new unified maharashtra rent control bill has been passed by the maharashtra legislature. Maharashtra is one of the four states that have evolved new rent legislation. Government appointed competent authority for conflict. Whether competent authority under maharashtra rent control.

Tenancy agreements to be compulsorily registered under new. Mar 24, 2017 under rent control act 1999, issued draft rules for objections and suggestion to be finalise on or after 31st march 2017. The maharashtra rent control act, 1999 maharashtra housing. Competent authority, rent control act court, pune division, pune 1. The maharashtra rent control act, 1999 india free lease. An act to unify, consolidate and amend the law relating to the control of rent and repairs of certain premises and of eviction and for encouraging the construction of new houses by. Keywords competent authority, landlord, legal representative, licensee, local. Maharashtra rent control act, 1999 indian bare act law.

Aggrieved by this decision, the respondents instituted writ petition no. One of the important provisions made under the said act which was not there in bombay rent act, 1947 is section 55 of the new act. Posted on 10th july 2002 at last, the new unified maharashtra rent control bill has been passed by the maharashtra legislature. The maharashtra rent control act, 1999 act 18 of 2000 keywords. The respondent appeared before the competent authority on 10092012 and filed copy of his notice reply and his say and its affidavit to the application us 42 and 24 of mrc act. Nov 09, 2017 hi all, its a very interesting and important question. Maharashtra rent control act, 1999 leave and license. By order and in the name of the governor of maharashtra. Section 24 of the maharashtra rent control act, 1999 mah. Landloard being the owner tenant being the license what shall be the maximum tenure of rent agreement. Maharashtra rent control act, 1999 bare acts law library.

Go through the maharashtra rent control act, 1999 and know its provisions, schedules, annexures and latest amendments. Eviction order after expiry of leave and licence period. The competent authority shall deal with the application in accordance with the procedure laid down in this section. We are a government authorized service provider with an experience of hundreds of agreements serviced by us with 100% client satisfaction. The maharashtra rent control act 1999 complete act. Rent control act practising valuers association india.

In respect of residential property, there is a provision of section 24 of the maharashtra rent control act 1999. Online registration process online registration is convenient, time. Mantralaya, mumbai 400 032, dated the 25 th february 2011. J u d g m e n t delivered on 2nd day of may, 2019 1 the present application is filed by the applicant for the recovery of possession and damages under section 2 and 24. Jul 31, 2009 salient features of the maharashtra rent act, 1999 by bharat gupta, advocate distinction under the law between lease and licence by sanjay chaturvedi tenancy agreements to be compulsorily registered under new maharashtra rent control act. The first two orders passed by the competent authority relate to the production of documents and exhibition thereof in the trial before the competent authority in the proceedings filed under section 24 of the maharashtra rent control act, 1999. May 29, 2018 section 24 of the maharashtra rent control act of 1999 is very important as it states, after the expiration of the duration or cancellation if license fails to vacate the premises then licensor can approach the competent authority for the recovery of possession of the licensed premises and can also get the damages from the licensee. Maharashtra rent control rules 2017 will be effective after. With a view to appreciate the submissions made by the learned counsel appearing for the parties, it will be necessary to briefly refer to the facts of the case. It seems that the competent authority before whom the said application was filed issued notice to the respondent on 04. Authority shall be liable to pay damages at double the rate of the license fee or charge of the premises fixed under the agreement of license. The period should be less than 60 months, as a lease agreement has to be entered into for a longer period. Tenancy agreements to be compulsorily registered under new maharashtra rent control act. Order of competent authority to be nonappealable and revision by state government.