Affidavit for a Landlord's Objection to a Notice to Vacate (India) by OLL
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Affidavit with Application, by the landlord, occupied the premises, objecting notice to vacate.
Format of Affidavit to application objecting to the notice to vacate the premises occupied by the Landlord.
Application objecting notice to vacate premises occupied by the landlord should be attached with affidavit.
Sample Format of Affidavit to be attached with application objecting to the notice to vacate premises occupied by the Landlord is given below:
BEFORE THE RENT CONTROL AND EVICTION OFFICER _________________
CASE NO ___ OF _____
In the matter of objection to the notice under section __ Rent Control & Eviction Act relating to allotment of portion of House No _______
Affidavit of Mr _____________________, aged about ___________ years, son of Shri _________________ resident of _______________
I. _______________, aged about ______ years, son of Shri _____________ resident of ____________ do solemnly affirm and state as under:
1. That I am the objector in the aforesaid matter and as such fully acquainted with the facts deposed to below.
2. That I am landlord of the house bearing No. ______ in respect of a portion of which the notice has been served.
3. That I am in occupation of the said house bearing No __________
4. That I inherited the said house on the death of my father late ___________ on or ______ about
5. That my father let out the portion of the said house to Shri __________in the year__
6. That said Shri ____________ vacated the portion let out to him on __________ and since then the said portion is in my occupation as the same was required by me for the residential purpose of my family members.
7. That when my father let out the portion of the said house to Shri ________ my daughters and sons were very small and they have now grown up. As my daughters are young, I do not want to share the house with an outsider.
8. That the portion in my occupation, before Shri __________ vacated the portion of my house was not sufficient for my family. In fact I requested Shri ___________ to vacate the portion of the house let out to him for requirements of my family.
9. That one of my son Shri ___________ has been married on ___________ and one room is required for him. The portion vacated by Shri _________consists of 2 rooms, out of which one is occupied by my married son Shri __________and the other two rooms are used for residential purposes by my daughters and another son.
10. That I submitted an application to the Rent Control and Eviction Officer on _______ I intimating that the portion of the house No _________ vacated by Shri ________may not be allotted to anybody, as the same is required for the residential use of my family.
11. That the portion of the house No _________ has been allotted to Shri __________ inspite of my submitting an application to the Rent Control and Eviction Officer, __________in this regard.
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This template is an affidavit used by a landlord in India to object to a notice to vacate or an allotment order issued by a Rent Control Officer. It allows a landlord to formally state that they require the premises for their own residential use or for their family members, thereby challenging the legality of an external allotment.
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About this template
What is this template?
This is a sworn evidentiary document submitted to a Rent Control and Eviction Officer to stop the government from allotting a portion of a landlord's house to an outsider. It is not an eviction notice or a lease agreement. It contains specific declarations regarding family history, inheritance of the property, and the internal room-by-room usage of the house.
When should you use it?
Use this document when a local authority attempts to allot a room or portion of your house to someone else after a tenant has vacated, but you require that space for your own family. If you are instead trying to evict a current tenant for non-payment, use an Eviction Petition under the relevant Rent Control Act.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Identity and Acquaintance | The deponent affirms they are the objector and are personally acquainted with the facts of the property dispute. |
| 4 | Basis of Occupation and Title | States the landlord inherited the house upon the death of their father on a specific date. |
| 9 | Personal Requirement for Family | Details specific family needs, including the marriage of a son and the requirement of two rooms for daughters and other children. |
| 12 | Challenge to Allotment Order | Asserts that the allotment order issued to an outsider is illegal, without jurisdiction, and should be quashed. |
| VERIFICATION | Verification | The deponent swears that paragraphs 1 through 10 are true to their knowledge and 11 through 12 are based on legal advice. |
Who it's for
- a landlord in India contesting a Rent Control and Eviction Officer's allotment of their residential portion to a third party
- a property owner needing to swear facts regarding family size and marriage to justify personal occupation of a vacated unit
How long it runs and how it's signed
Law it's drafted under
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