Waqf Rent related matter
3 months ago
We had been residing in a property since 1960 and paying rent to the Mutawalli since then. In 1984 we can to know the Lessee which the board appointed had no legal authority to take rent. Hence we approached the Rent control and started paying rent. Now a new Mutawalli has been assigned who has asked for the full rent since 1984 till date to be paid to Waqf board through him, then only he will issue new rent receipt. Do I have to pay double time one to the Government and now to the Waqf board. Please advise?
A.Dear Client,
Even if the property is under the control of the Wakf board, your responsibility is to pay rent to the Muthavali or any designated person authorized to collect rental payments. If there's no specified person, and you've been paying rent through the Rent Controller, this establishes your tenancy. In the absence of anyone to receive rent, depositing it with the court is a reasonable course of action, confirming your commitment to fulfilling your rental obligations. The Wakf board, if claiming otherwise, would need to follow legal procedures and approach the court. As you haven't breached lease conditions or defaulted on rent, there's no reason for eviction. Your tenancy rights remain protected, and for further guidance and steps, it's advisable to consult with an advocate.
Thankyou
Even if the property is under the control of the Wakf board, your responsibility is to pay rent to the Muthavali or any designated person authorized to collect rental payments. If there's no specified person, and you've been paying rent through the Rent Controller, this establishes your tenancy. In the absence of anyone to receive rent, depositing it with the court is a reasonable course of action, confirming your commitment to fulfilling your rental obligations. The Wakf board, if claiming otherwise, would need to follow legal procedures and approach the court. As you haven't breached lease conditions or defaulted on rent, there's no reason for eviction. Your tenancy rights remain protected, and for further guidance and steps, it's advisable to consult with an advocate.
Thankyou
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A.Dear Client,
Even if it is the property under the control of the Wakf board, it becomes your duty to pay the rent to the Muthavali or any person named in charge to collect the rental payments. In the absence of no such person you had been paying the rent with the Rent Controller, this confirms your tenancy. If at all there is a claim by the Wakf board against you, they may have to approach the court for the same by due process of law but they do not have any reason to vacate you since you have not defaulted the conditions of the lease neither have defaulted in the rental payment. Since there is no one to receive the rental amount from you, you had no other option than to deposit the rent with the Court which confirms that you have not done any offense by not paying the rent due to which you are liable for further payment of rent to the Mutawalli(Lessor). Your tenancy rights are very well protected so long you have not defaulted on the rental payment. Reach out to an Advocate for guidance and steps.
Even if it is the property under the control of the Wakf board, it becomes your duty to pay the rent to the Muthavali or any person named in charge to collect the rental payments. In the absence of no such person you had been paying the rent with the Rent Controller, this confirms your tenancy. If at all there is a claim by the Wakf board against you, they may have to approach the court for the same by due process of law but they do not have any reason to vacate you since you have not defaulted the conditions of the lease neither have defaulted in the rental payment. Since there is no one to receive the rental amount from you, you had no other option than to deposit the rent with the Court which confirms that you have not done any offense by not paying the rent due to which you are liable for further payment of rent to the Mutawalli(Lessor). Your tenancy rights are very well protected so long you have not defaulted on the rental payment. Reach out to an Advocate for guidance and steps.
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