• Tenant is not evacuating and does not pay the rent either

My father rented his house, 1st floor to someone we knew on a verbal agreement. After few months, he stopped paying the rent. Rent agreed was less than 5000. After some altercation, we applied in the court to get it evacuated. After the tenants from the 2nd floor left our building, they illegally occupied the 2nd floor also. In the ground floor we have dad's clinic. 
My family includes mom and dad, 2 younger brothers and i am the eldest (working) married without any children. and we are staying in a different locality.
We recently changed our lawyer and he said the old petition was very weak and have appplied with a new petition saying my wife ( who is a textile designer) needs a space for running her business. 
We were going to have our first date with new petition in Jan but unfortunately my father passed away in November. My mother ideally now does not have any source of income and we rented the ground floor to our relative doctor.
Tenant is not working and have 3 kids, his wife is working and his eldest son is also working in a bank and is married. 

Please advise what can be done and how long it will take resolve this case.
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

6 Answers

1) you first have to transfer house in the name of legal heirs ie your mother, you and your siblings

2) apply for mutation of house .enclose father death certificate

3) amend the suit filed by you for eviction of trespasser and bring legal heirs on record

4) suit would take around 5 years to be disposed of

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0


Please send him legal notice.....and after that take a shelter of law....start legal documentation ..



Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

1. It appears you have already filed a suit for eviction.

2. Suit for eviction should be filed on the ground of your bona fide need of the tenanted premises.

3. Since you have already filed the case the next thing to do is to vigorously pursue the same.

4. if you are not satisfied with your present lawyer you can consider engaging a new advocate .

5. The civil suit takes some time and hence you have to keep patience for sometime.

There is no other alternative.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

Dear Concerned,

As you or your family members are the legal owners of this property - no way this person can illegally occupy the property and there would certainly be some goof up somewhere due to which this person has not been thrown out of the property till date.

It is suggested to contact us for a free discussion on your matter and we will be happy to guide you for the next steps on this.

Best of luck , Stay Blessed.

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

You have to file an eviction sit on the grounds of default in rental payment as well as requiring the premises for own occupation.

The fresh case may drag on for years, but why did you withdraw the previous case, you could have added the fresh reason in an amendment to the existing prayer and pleading.

However you may take a second opinion about this with another local lawyer before concluding on it.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

1. Since the case has already been filed the only thing you can do is to prosecute it further and take it to a logical conclusion. In such cases the tendency of tenants is to delay the case so that they can buy more time to reside in the rented property.

2.If there is inordinate delay in the disposal of the case then you may file a writ petition in the HC to seek an expeditious trial.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer