• Tenants don't stay but still have occupied house

I have recently purchased a property which is an old building.It comprises of four houses which were rented by previous owners father years ago.After the death of their father(20yrs) no one looked at the property.None of the tenants stay there one room is locked for years,one is rented by the tenant who stay's somewhere else,one is used by the tenant for commercial purpose which is almost closed and is open once in a month and the last one is given to his servant by him.Please help me how can i get back my property.
Asked 7 years ago in Property Law
Religion: Buddhist

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5 Answers

1) you can issue legal notice to tenant to vacate your premises as premises are kept locked by the tenants and they have alternative accommodation

2) file suit for eviction if they refuse to vacate the premises

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1) suit for eviction may take around 5 years to be disposed of depending upon pendency of cases on small causes court

2) in road widening only part of land in front of the house would be taken

3) it is better you reach an amicable settlement with tenants

4) pay them money for vacating premises

5) in alternative offer them ownership on redevelopment of building

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Did you not conduct due diligence before purchasing to ensure that you get vacant possession of the property that you intend to purchase? Now a petition for eviction will have to be filed against the tenant to evict him from the property. It will be a lengthy process which may take years to culminate.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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You should have got the vacant property at the time purchase itself.

You should have insisted on the vendor to get the property vacated by all the tenants and handover vacant possession.

Your hasty decision will cost you now more in the form of litigation, time and energy.

You issue legal notices to all the tenants stating that you have bought the property and since it is in the dilapidated condition, you would like to demolish the same hence they are instructed to vacate and handover vacant possession.

If the tenants are not complying or cooperating you may aproach court with an eviction suit against all those who revolt.

Consult a local advocate for further action and proceedings.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

how many days it might take and if the building collapses?or taken down in road widening will they have any rights

They cannot claim any right in the acquisition by the authorities or if the building collapses.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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