my father is 75 years old & he has a property in Delhi he has been working factory in this property from 1995. for take care this property he permit a lady with his husband to live in one room in this property from about 12-13 years.before 4 years ago my father want to use this property for his business & he order this family to vacate but from 4 years & till now she make false promise to vacate & due to this tension my father get hospitalise & severe very bad health problem now my father is not able to continue his business so due to his old age he permit me to run this business so to look after my parents. we again order this lady to vacate but she refuse to vacate ,Sir i request u to please guide the steps that how we can vacate our premises legally as my father is a diabetic patient & this problem make tension to him
Asked 1 year ago in Property Law from Delhi, Delhi
Hi, issue legal notice ask them to vacate the premises if they not vacated then file a suit for ejectment.
2. Through the process of court you have to vacate them in your premises.
1) the lady along with husband has been staying in your father property for last 13 years .
2) she is not paying any rent and is not a tenant she is occupying the the premises as a gratuitous licensee on humanitarian considerations without any return, compensation, fee or charges for such occupation.
3) your father can issue legal notice and file suit that on termination of licence he is entitled to decree of possession .
4) . Absence of any rent note evidencing payment of rent or any other material or circumstance to suggest that the relationship between the parties was that of landlord and tenan t will help you in making out a case
Issue a legal notice through an advocate demanding to vacate the premise.If they were on a rent agreement either on lease / license, it is necessary to show that there was a rent initially and they stopped paying or any such circumstances which the room was given to use in return of a service. For example a watchman who has given a room to say with his family as he was serving as a security guard for the property has no right in the room once he is out of the service.
2. file an eviction suit on grounds of non payment of rent and the genuine reason that you needed the property for your use.
3. It is also a reason that now your father is retired and sick he needs the premise back for his benefits
1. Do not order them to vacate. Get Court order on them to vacate,
2. In your case they are the 'gratuitous licensee' only who have been licensed by your father to live in his premises without paying any rent or compensation,
3. Your father should not issue them a legal notice asking them to vacate the said premises within 1 month,
4. If they fail to so vacate, your father shoud file a suit for eviction on the ground of ermination of the license.
1. This lady and her husband were permitted on humanitarian considerations by your father to live in his property, but on demand they refused to vacate, which means they are now illegally occupying the property.
2. She requires your father's permission to stay in the property.
3. Since this lady has refused to vacate the property your father commence the process to evict her by issuing her a lawyer's notice through his lawyer. to her. If she does not leave even after the notice from lawyer then your father can file a case for her eviction in the court.
1) The lady and her husband are illegal occupants of the premises and don't fit into the definition of tenants. Your father must issue a legal notice to her asking to vacate and that he needs it to run his business.
2) As they were allowed to occupy the premise for a specific purpose( taking care of the premise) and as the purpose is no more they have no right to continue in the premise.
3) If they refuse to vacate with the notice you file a suit for eviction.