Dear Sir, We have recently purchased a property in hyderabad in March 2017 which already had a running clinic in it. When we approached the tenant for our rent we were shocked to know that there has been an ongoing court case between my sellers and this tenant and the tenant is neither paying rent nor vacating the premises for the last 3 years. The party who sold us the property washed off their hands on this matter and we are now stuck with neither rent nor the physical position of the property. Since we are the legal owners of the property now what are our options to deal with this situation. One of my friend has suggested to get the physical position of the property even if it means to get into a fight with the tenant by using some help from a local leader.
1)do not take law into your hands
2) under no circumstances should you take help of local goons to take possession of the property
3)you ought to have insisted that seller deliver peaceful possession of property and then only made full payment
4)you should inform tenant that you are the owner of property and pay rent to you
5) you should be added as party to the pending suit and continue with the eviction proceedings
I would not advise you to go with the opinion that your friend has suggested you with regards to picking up the fight with the concerned person.
immediately intimate the tenant that you are the original owner of the said property in question and file an application in the pending suit for your impleadment.
Contact a local lawyer.
It is advised again not to take law in your hands. However, if by a phone call or by some pursuation or by creating some pressure you are able to get the tenant out of the place then there is no issue in that also.
According to the doctrine of lis pendes, you will step into the shoes of the seller of this property in the Court once he has sold this property to you. You will have to contest this case and abide by the final decision of the court in this matter. Having said that, if any injunction was operating at the relevant time when you bought this property, then this sale to you is bad and you can take legal recourse against it,
Dear Client,
Since when property under tenancy ship, Pre - purchase , and if it was not disclose to you than file criminal case against seller,
But how it possible that before purchasing the property , you have not made any physical inspection, and get to know how about the property, all details must be in sell deed. ( questionable on your part )
and if its post sale than how the seller give your property on rent , file FIR against Seller and tenant.
Tenancy may or not be through registered deed and continuous one ( Pre purchase ) so any force full eviction not suggested.
First of all, had you were not aware that the property you were buying already had a clinic running in it. You must had pursued due diligence before buying any property. Legally when you purchased a property being in the possession of a tenant, then you became his landlord from now. you have to consult a ;lawyer there for the tenants' eviction process on the ground of unpaid rent instead of serving notice of demand of rent .
Further you cannot dispossess any person illegally or in any manner out of due process of law...That would not help you.
You must have to prove that you were not aware that the building was in possession of such tenant.
legally you have the option of sending notice to the tenant to vacate the property however it seems difficult from the facts stated if the tenancy is covered under Rent Control Act. If the rent is good then send him notice to vacate and for mesne profits till it is not vacated. Thereafter file the case as he will not vacate so easily.
Illegal means cannot be suggested here and that is totally upto you and your advisors. Though illegal means may bring quick results but it may attract punitive action against you if you breached any law. So be cautious for that.
Hi, the best way is to take the posession of the shop by any influential means that you have in the locality ... If you want to go legal you can file a civil suit for eviction and application to recover rent in the court .. The legal proceedings may take time but will be in your favour .. If you have any political or influential support you can proceed with it
your friends suggestions may not be prudent as there is a ongoing case between your seller and the tenant. it is better you record your name instead of your seller in the court case and continue it. you may file an application therein for rent.
Dear Sirs, Thank You every one for the suggestions and Replies. But to be honest most suggestions looked like responses to from text book or google search rather than practical/ realistic professional lawyers who really want to help the client. Here are some facts of my case - 1) We do not want to take law in to our hands and neither can afford to watch them snatch our kids future. I wonder what options do we really have. 2) Even a bank loan from a reputed national bank got sanctioned for the property which made us think that it is a safe investment as banks do their own legal verification. 3) We did consult few local lawyers but i am writing here for a reason to learn more options as the laws are same pan India. One lawyer said this is a very common problem and some cases like these could go on for decades as there are shortage in Judges to verify the facts. Second lawyer guaranteed we will win the case but it could take years if the tenant is influential and initiated the notice to the tenant and also our seller. I also believe there are many other innocent victims who still trust the Legal system and are suffering with similar helpless situations. Clearly being on the legally right side is not always rewarding and also more exhausting of wealth, health and also one's right to peaceful life. 4) We purchased a part of property from an NRI family and getting in touch with them has been a task. They claim they are unaware of the real affairs on the property and their uncle was the caretaker who had expired last december. They along with an other part owner did initiate an eviction and rent recovery suit about 3 years ago.I was told that there is an arbitrator clause involved in their rental agreement with the tenant and he is taking advantage of and the court either doesnt have time to appoint an arbitrator or the tenant is managing somehow. 4) We were fully aware of the presence of the tenant before registration. Infact when my brother had visited the clinic(before the transaction) one of the dentists had agreed to start paying rent to us but they are not acknowledging that statement and neither are they signing any agreement now stating that will be contempt of court on their behalf as there is a case pending on them. I am looking forward for a real solution which doesnt make me wait for decades and suffer. Thanking in Anticipation Jai Hind
lawyers are officers of court
2) we cannot advice you to take law into your hands and throw out tenant forcibly
3) you cannot threaten tenant with local goons
4) if you do so tenant would file police complaint against you of criminal intimidation under section 506 of IPC
5) it is better to continue with eviction proceedings
As advised earlier you will have to file an impleadment application in the eviction suit that is pending in the court of law. That is a very practical advice and in no way can you skip the process of Law SIR ( though lengthy).
I know also that you will not be happy with such advice but that is the only practical aspect to this. However if there is a long delay you can approach the HC to get the same time bound
Regards
Your friends advise is wrong and illegal.
You will be inviting more troubles that way.
You can send a legal notice to the tenant communicating the you have purchased the property and would like to vacate him for not paying the rent as well as requiring the property for your own use.
After this you can file an eviction suit from your side too.
Answer to your subsequent question is also the same thing that you have to approach court with an eviction suit to evict the defaulting tenant
the excuses about your innocence of such events are not acceptable because you should have verified before purchase and not to blindly believe in words.