• Tenant not paying house rent

My father in law had bought and registered a house in his name in1985. He rented this house to one person in 1986. Since 1986 he has not been paying rent and is not leaving the house either. Father in law had approached police few years back but no case was registered. Police complaint didnt help. He is continuously renovating the house as well without informing anybody. Is there any law which says that house belongs to tenant after some years if there is no tenant agreement betwwen landlord and tenant. What should be our next course of action.
Asked 4 years ago in Civil Law

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11 Answers

1) issue legal notice to tenant to vacate the house for non payment of rent and for carrying out unauthorised alterations in the house

2) if tenant refuses file suit for eviction

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

File an eviction suit stating that relative was under permissive possession of property with you assent and now you need property back. And the owner will try to to take defence its an adverse possession but you have to present fact that it was under your authority.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You should sent him a legal notice (Rent Eviction Notice) asking him to vacate the premise within 15 days from the receipt of that notice. That legal notice will be mailed from your side by your advocate to whom you will appoint for your case.

In case he refuse to receive that notice or refuse to honour that notice then -

1. Move an application before the Municipal Corporation and Electricity Board that you do not wish to have their connection for water and electricity at your premise. Get both the utility facility disconnected at your premise. To do so all you have to do is to prove your ownership on that premise. You can get the connection back at any point of time once you regain the possession over the property. If he goes for any other way to get the water and electricity at that premise then that would immediately become illegal. I am sure that having a personal boring for water is illegal in Bhubaneshwar even if you wanted to have that with due permission of Municipal Corporation. Bhubaneshwar is a planned city and activities like personal boring to get water at someone's premise is absolutely illegal.

2. Go ahead and file a case before the rent control authority for the eviction and getting back the possession of the house. Annex all the relevant document with your petition which can prove that you are the legal owner of that property such as property documents, taxes paid thereto, utility bills paid thereto if any and so on and so forth.

Expecting that police would do something in these matters is a futile hope.

Do these things, I am sure you will get your property back with you and the best part of all these actions is that these are legal actions and you can take it by the virtue of being the lawful owner of that premise.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

Hi,

You are suggested to file cases for eviction under rent control act.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Dear Sir,

Tenant is tenant for all the years, he cannot claim adverse possession against the owner/landlord, irrespective of there is written rent agreement or not. The Supreme Court recognized oral tenancy also. You may get issue a formal legal notice and then file a suit for eviction, immediately, because there is lot of delay. There are chances of winning provided the tenant might not have any documents like sale agreement etc.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

File for eviction suit for default of rent with the prove that renovation, house tax, and other taxes are paid by FIL.

Other wise they will seek , ownership through adverse possession.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

There is no such law as what you have been misinformed.

He can initiate steps for evicting him by first issuing him legal notice to vacate the premise for not paying rent and for making structural changes

Subsequently he should file an eviction suit on the same lines.

He should not depend on police because it is a civil matter.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

1) On whose name house is registered and who pays corporation or grampanchyat tax and electricity bill.

2) File a suit in the court for to vacate house and owner has to stay in the house as own6does not have any home to live etc.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

If a person does not protest someone illegally occupying his property for 12 years, then the squatter would get ownership rights over that property. This is by virtue of operation of doctrine of adverse possession.

If a person proves actual, peaceful and uninterrupted possession over/of a property owned by another for more than 12 years, a case of adverse possession can be held to be made out which, in turn, results in depriving the true owner of his ownership rights in the property and vests ownership rights of the property in the person who claims it.

I think you are wary of the law quoted above.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Police complaint does not work in such cases, which are civil in nature

fact that no rent is being given by him might go against you

anyways, you will have to file a suit for eviction and then the course will folllow

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can send him a eviction notice and file eviction suit against him. There is a concept of adverse possession uninterrupted possession for more than 12 years. You need to consult a lawyer and seek help.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

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