• Defaulting housing loan

Hi, we have brought a property in 2008 under a bank loan. Since then we moved out of the country and my parents are taking care of the property. I have been paying the installments regularly. A couple of years back I got to know that my father has let one of his friends stay in the property as they have some financial dealings and he doesn't want to vacate from it. I tried a lot to get him to vacate but he doesn't want to. Not know what to do I stopped paying emi to the bank and year ago. They sent a notice where I informed them to go ahead and auction the house as he is not vacating. At the last minute he went and paid 1L to stop the auction. I got another notice now..

Is there any way I can vacate him from the house
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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6 Answers

1) if property is in your name then father friend has no right on said property

2) issue legal notice ask friend to vacate

3) if he refuses file eviction suit

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

1. Well, the person entered into the flatunder unlawful permission as he did not procure the permission of the owner i.e ypu.

2. So find out whether he pays any rent or nt.

3. In any event send him an eviction notice branding him a licensee or trespasser.

4. Thereafter file an eviction suit.

5.There is no other way out to oust him from the proeprty.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
510 Consultations

Hi, Not paying the EMI is not a solution to your problem, once you borrowed the money from the Bnak you have to pay the same.

2. So first pay the EMI and thereafter you have to file a suit for ejectment against the tenant before the Jurisdictional court. Through the process of the court you can evict him.

Pradeep Bharathipura
Advocate, Bangalore
5611 Answers
338 Consultations

Sir , you can file a eviction petition in court.. Let him pay loan amount.. Whenever , you want can file a petition in court and ask to vacate the flat .. Don't throw your property in such way.. Moreover in addition you can also ask fo rent through court..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

1. No body other than you being the borrower can pay for the loan taken by you.

2. So, the bank has not acted as per law to receive payment from the other person when you had asked them to sell of your property to recover their dues.

3. Had you executed any POA in favour of your father to deal with your said property? If yes, then your father has exercised his said power and inducted the tenant in your property.

4. You can file a n eviction suit against him or further ask the bank to sell the said property without receiving any payment from the third party and recover their dues and refund the excess amount of the sale proceed.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

If this property is in your name, you can very well issue an eviction notice to the illegal squatter.

As the tenant has defaulted in rental payment he is liable to evicted.

You consult your lawyer and file an injunction suit too besides partition suit.

Default in rental payment itself itself is a strong ground for filing an eviction suit.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

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