Send his wife a notice of eviction staring the facts and rent remaing also ask her to give the possession of shop within 30 days or else a eviction suit can be filed in the court.

Written Rent agreement in not compulsory everytime though it adds.to the benefit of land lord still you can have an oral agreement and can ask her to vacate your premesis by way of notice and if not respond on that can file a eviction suit.

issue legal notice to wife to vacate the shop and hand over peaceful possession of the shop

2) if she refuses file eviction suit

1.In form the Police about the missing of the wife of tenant and having been under lock and key.

2. Then send written information to the police take possession of the shop and make an inventory of the goodslyting therein.

3.Then make a safe custody of those articles of shop under your care and again inform the police about the same.

4. Since there is no trace of the tenant and his legal heirs for long you can take possession of the proeprty on due notice to the Police to evade any false complaint of burglary or theft of goods lying in the shop.

Dear sir

Vacant:

You approach police station and give complaint to vacating it. Dont beak open shop or remove material. You may be put in to trouble.

If police does not work then you need to approach court.

Recovery :

The recovery has separate process of law. We need to have some document for that.

We need more information about how do you collect your rent Cash/Bank. You can reach us with details.

This is only opinion.

Feel free for any assistance.

Hi, if there is no rent agreement , then you can simply take over the posession of your shop .. If she creates any problem , you can file a police complaint against her .. If you want to proceed legally , you can file a civil suit for eviction

Send a notice stating all details including the outstanding dues.

If she fails to respond, inform the nearby police, break open the shop and start your business.

You need to send the eviction notice to the wife as per the agreement as she is the legal hair of the tenant including the outstanding rent.

If she do not respond and pay the out standing rent, you may file an eviction suit and a money suit to realise the outstanding rent.

You must mention in the legal notice that in case of litigation in this regard she will be responsible for all the legal exps.

Since, your tenant is already died and the said shop is locked by his wife , who is not evict the shop.

The reason is that now after the death of her husband , she wanted to claim tenancy right being wife.

But as per law of the land , now she cannot continue without the permission of her landlord i.e.you.

You have here two reason to evict the shop . The first is death of tenant and the another is Dues of rent and you need the said shop for your personal needs.

You have these grounds for eviction as per law.

Hence, you should send a legal Notice after stating the said reason/grounds as stated above through registered/speed post mode .

Once the recipient receives the letter, you should keep this as a proof of the his acknowledgement.

In case the wife of your tenant refuses to move out,then by using the above acknowledgement letter and notice you can file a lawsuit in the court of your area.

Rent agreement is not mandatory to evict a tenant.

I will not suggest you to take any illegal measure like changing locks, entering the premise without permission, cutting essential utilities, taking any form of retaliatory actions, etc. this may be go against you in the court of law.

Even , if you will approach to the police official ,you will not get good response being a civil matter .

File suit for recovery of possession or in the presence of locals, unlock the shop, make a list of materials and send to his wife.

1. The demised tenant's wife has enough evidence to prove that you have given her husband your premises on rent for which it will not be legally prudent on your part to evict her by breaking open the lock of the shop denying the existence of any tenancy. It might lead to severe criminal cases against you in future.

2. You shall have to file an eviction suit against her since she is not the tenant of your premises.

3. However, the illegal way to evict her is to forcibly breaking open the lock of the shop and removing all the belongings kept there in and then claiming that the shop was returned to you 7 months ago before the tenant died.

4. If you take the above illegal way, you should be prepared for the criminal and civil cases, which might be filed by the widow of your demised tenant later on.

A landlord may not have the complete right on the property when giving it for rent, but, one right that he has is the eviction of the tenant in case he/she breaks any of the tenancy rules mentioned in the lease agreement.

Sounds easy? Well, not really. In 2016, in one of the rulings, the Supreme Court had said that no tenant can be evicted for five years if he is paying rent on time. This ruling is irrespective of the length of the agreement signed between the tenant and the landlord. There is only one way that a landlord can evict a tenant -- only if needs to use the place himself.

Take a cue from examples like these and design a lease agreement with strict rules for your tenants thus, making it easier for you to evict the tenant in case the situation arises.

When can you evict a tenant?

Rent not paid

This is one of the most common reasons for tenant eviction. A landlord can do with a delay of a month or two, depending on the duration for which the tenant has been living in the property. But, in case your tenant is skipping the rent for a long time now, it is time to let them go.

What should an eviction letter have?

Do you have a solid ground to evict your tenant? Here is how you should begin. Write them a formal eviction letter, with all the following mentioned:

Define reason of eviction: You will have to clearly state the reason behind evicting the tenant. Wherever possible, give examples. Also, make sure you tell them that this is against the rules set in the lease agreement.

Define the period: An eviction letter should clearly mention the time period within which they must leave the property. The time can vary between 1-3 months depending on the reason.

Mention remedies, if any: In case the tenant has been living in the property for long, but has been breaking the rules lately, you could send them an eviction letter as a warning. You could also share some remedies following which the eviction could become null and void.

Process

Eviction process is equally professional just like the one you follow when you give your property on rent.

Hire a lawyer: You will need a lawyer for the process to be smooth and doesn't cause friction between you and your tenant. Moreover, a lawyer will ensure that your case is strong and that the tenant must be evicted.

Send eviction letter: A formal eviction letter should be sent to the tenant before you move the courts.

File & send notice: A suit is then filed in the civil court and then the tenant is notified for the hearing.

Hearing: Either the tenant leaves the premises without visiting the courts or may contest the notice. In case the tenant contests the case, you will have to wait for the court to give a decision. Make sure you have strong arguments and proof to ensure the eviction happens.

You must have given receipts for payment received against the rent so far. That receipts may be with his wife. Hence, you cannot say that he was not a tenant. Now, you can give a legal notice to the wife of the tenant for termination of tenancy & payment of rent dues with immediate effect. In case she does not vacate the shop then contact a local lawyer and file a suit for possession against the legal heirs of the tenant. Don't take law in your own hand. In case you take possession forcibly you will have to face criminal proceedings. Be aware.

Please give his wife a legal notice asking to vacate the schedule premises within thirty days from receipt of notice. If she fails to vacate or fails to handover possession file a suit for eviction before jurisdictional court.

Firstly, if the rent is below 3500 then would be difficult for you to vacate it.

Secondly, if more than that then also despite of no written thing still you can ask her to vacate after serving a notice under section 106 of TPA act. Wait for 15 days then file a civil suit in court for eviction and get it evicted, but it lease don’t use any means of force on her.

If she is not giving you rent and keys send her a notice. If the rent period is over break open the lock and tell her to take her belonging. She is not the licensee of the said premises as the licensor is dead.

Even if the tenancy is not by a registered document, the proof of oral rental agreement can be sufficient to serve her with a legal notice to vacate the rented premises.

After that you can initiate legal action to evict her by filing an eviction suit.

Do not break open the shop or remove her forcibly from the shop, it will be an offence under criminal laws and also a criminal trespass.

Hello,

if he was not a registered tenant then the tenancy will be treated as month to month tenancy.

You will have to file an eviction suit in the district court.

make all the legal heirs a party to the suit.

Regards