Rejoinder to reply of legal notice claiming share of rental income as legal heir and co-owner

Advocate's name

ADD: Advocate's address

Email: Advocate's email

Sub: Rejoinder to your Reply dated Date of tenant's reply to the Legal Notice dated Date of legal notice issued on behalf of my client, Client's name.

Dear Sir/Madam,

This Rejoinder is issued on behalf of my client, Client's name, in response to your reply dated Date of tenant's reply to the Legal Notice dated Date of legal notice issued on her behalf. My client asserts her status as a legal heir and her entitlement to the rental income arising from property No. Tenanted property number, New Delhi-110016. She seeks clarification of her lawful rights in respect of the rent generated by your tenancy of the tenanted premises.

Under the Hindu Succession Act, 1956, my client is entitled to a rightful share in the estate of her late father, Late father's name, including the rental income from the said tenanted premises. Upon the death of the original owner, Original owner's name Original owner's name (part), the said property devolved upon all legal heirs, including my client, Mrs. Client's name, thereby making her one of its joint owners.

As a co-owner, my client, Mrs. Client's name, has an undisputed right to receive her share of the rent directly from you, the addressee, irrespective of any arrangement you may have with another heir. The law governing tenancies does not permit the selective payment of rent to one legal heir to the exclusion of other heirs entitled to the said premises. It is therefore legally imperative that you, the addressee, fulfil her legitimate demand for rent.

My client, Mrs. Client's name, acknowledges the earlier existence of a Power of Attorney (POA) executed in favour of Ms. Attorney holder's name on Date of power of attorney. However, it is critical to clarify that this POA was publicly revoked by my client prior to the issuance of the Legal Notice dated Date of legal notice to you, the addressee.

The said revocation of the POA was widely circulated through a public notice published in the newspapers The Indian Express and Jansatta on Date of newspaper publication of revocation, and is therefore legally binding. Consequently, any right previously vested in Attorney holder's name to collect rent on behalf of my client stands nullified. This revocation restores my client's direct authority over her share of the said property and, by extension, her entitlement to her share of the rental income payable by you, the addressee.

You, the addressee, have stated that the lease deed was executed solely with Name of person lease deed was executed with. It is legally untenable, however, to disregard the rights of the other legal heirs in the ancestral property. The doctrine of privity of contract has no application in these circumstances so as to deny co-owners their legal rights in the said property.

Attorney holder's name is one of the legal heirs of Late Late owner's name. However, you have ignored the fact that Attorney holder's name is no longer the attorney holder of my client, Client's name, and have deliberately failed to distribute the rent equally among all co-owners/legal representatives. This wilful disregard of my client's rights constitutes a breach of the equitable principles governing tenancies in jointly held properties.

You, the addressee, are required to regularise your tenancy by obtaining the explicit consent of my client, a legal co-owner. Without her consent, any further occupation of the premises by you, the addressee, constitutes unauthorised occupation.

Furthermore, my client's demand that the rent be distributed proportionately among all legal heirs is valid and lawful. Such regularisation must include an acknowledgment of my client's share and her consent as an essential component of the tenancy.

My client demands immediate acknowledgment of her rights in the said property and an arrangement for direct payment of her rightful share of the rent. Failure to comply will leave her with no option but to initiate legal proceedings, including eviction and recovery of unpaid dues, together with any additional claims arising from such non-compliance.

Additionally, you, the addressee, may be held accountable for unauthorised occupation under the Transfer of Property Act, 1882, if prompt corrective action is not taken.

This Rejoinder to your reply is issued without prejudice to all other legal rights and remedies available to my client under law. In the event of your failure to comply, my client reserves the right to pursue further action, including claims for damages and any other relief deemed necessary under law.

The grounds and contents raised in your reply are false, unknown, shocking and frivolous. The contents of your reply are wrong and are accordingly denied.

You, the addressee, have emphasised your reputation and the length of service you have rendered. While this fact is noted, it is irrelevant to the rental dispute and does not alter my client's legal entitlements as a co-owner of the property. The lease deed dated Date of lease deed, executed between you, the addressee, and Lessee's name, as cited, cannot override the rights of the other legal heirs to the said tenanted premises. My client, Client's name, does not dispute the lease deed itself but asserts her right to receive her share of the rent as one of the lawful heirs of Late Late owner's name.

You, the addressee, have characterised my client's demand for rent as an "arm-twisting tactic." This assertion is without foundation. My client's claim is legitimate and arises from her lawful rights as a co-owner; any suggestion of malicious intent is irrelevant and unfounded. You, the addressee, have further stated that the notice dated Date of legal notice contains "conjectures" and "surmises." My client's claim is founded upon her rights under the law of succession, and her entitlement to rent has been clearly set out and is supported by her lawful standing as a co-owner.

The allegations regarding mala fide intentions and ulterior motives are unsubstantiated. My client's demand is based upon her legal right to the rental income from the said property, which she co-owns. The demand for rent accords with the law, and any attempt to attribute malice to my client is baseless. The lack of detail to which you, the addressee, refer does not negate my client's legal right to rent. My client has clearly communicated her rights as a co-owner, and this demand rests upon lawful entitlement.

The reference to the POA does not affect my client's entitlement, as it was revoked prior to the issuance of her legal notice, as detailed above. The revocation was made publicly, of which you, the addressee, had notice, thereby nullifying any authority Attorney holder's name may previously have had to receive rent exclusively on behalf of my client. You, the addressee, have stated that my client is bound by the terms of the POA. Since the POA stands revoked, that contention no longer holds good. My client retains her legal rights as a co-owner of the property, independent of any POA arrangements that have ceased to have legal validity.

You, the addressee, have invoked the doctrine of privity of contract, contending that my client is not a party to the lease deed. Nevertheless, as a co-owner, my client's legal rights entitle her to claim her share of the rental income. The doctrine of privity does not enable a tenant to sidestep his obligations towards all co-owners of intestate-held properties, particularly where a POA has been revoked.

In view of the above, my client expects immediate acknowledgment of her share in the rental income and the prompt arrangement of direct payments. Any further disregard of her rights may compel her to initiate legal proceedings to uphold her lawful entitlements.

I trust, however, that by timely action you will obviate the necessity of any unpleasant steps being taken against you, the addressee. It will be in your interest to withdraw your reply/notice and to make direct payment of her share of the rent into my client's account. Any delay or failure in paying her share of the rent will be treated as a breach of law and non-compliance, whereupon my client shall be left with no option but to pursue legal remedies, including but not limited to eviction proceedings and recovery of arrears under the relevant provisions of law.

That in the event of any such proceedings being initiated against you, the addressee, the same shall be at your risk, cost and consequences, and all costs, expenses and other liabilities incurred therefor shall be borne by you, the addressee alone.

A copy of this rejoinder has been retained in my office for further reference and necessary action.

Advocate's name

Advocate