Vacation of shop from tenant
father gifted property to me consisting of some shops .... all are vacant except one which has been occupied by a person... when i asked about rent or to vacate the shop ... he told that he is depositing rent in father bank account... and there is no legal agreement for the rent... he has filed a police complaint against me too...when bank account of father checked .... i found he was very irregular in deposit the amount and paid only some amount in father account as per his convenience...father did not issue any receipt of rent... whenever father asked for amount he showed his disrespect to him also.... finally father has been expired .... after the death of father he is not depositing any money to his account ..... i did not find any agreement with him in father papers.... the same may have been misplaced...i think he has taken electricity connection in his name...but munispal taxes of the shop i m paying.....
what to do?
Asked 3 years ago in Property Law from Dehradun, Uttarakhand
inform tenant in writing that you are the new landlord as father has executed gift deed in your favour . to pay rent on time . mention the rent arrears that are outstanding . call upon him to make payment of rent arrears within 15 days of issue of legal notice . also call upon him to vacate the premises . file suit for eviction . he will come forward for settlement
Issue a legal notice through your lawyer to the tenant telling for recovering the arrears of rents. If he does not pay the arrears within 15 days then file a case for removal of tenant. You are now the legal owner of this property and thus have all the legal rights to remove the tenant in accordance with the law. He will accede to your demand in order to obviate the risk of his removal from the property. .