issue legal notice to licencee to vacate the premises as he has failed to execute leave and licence agreement and pay rentals

2) if he fails to do so file eviction suit against the licencee

3) if licencee does not contest you would get exparte decree in a year or so

4) contact a local lawyer in Thane in this regard

Dear Sir,

My answers are as follows:

1. What should I do now. Since my flat is in Maharashtra State I want legal advice with respect to property/tenants laws defined in Maharashtra State.

Ans: Usually in such cases a police complaint will be lodged as to where abouts of tenant and his family members not known. In such circumstances the police allow you to break open the lock and a mahazar will be drawn by the police in the presence of neighbors. The belongings of missing tenant will be dumped in one room under seal and signature of police or taken to the police station for safe custody. Since police are not co-operating with you as such you may file a application before concerned Magistrate for issuing suitable directions to the concerned police.

2. In case if court notice has to be sent to him then How much time it will take get possession of property if other party does not respond to court notice?

Ans: You need not issue any legal notice under section 106 of Transfer of Property Act and can file a suit for eviction and a paper publication may be taken thereafter ex-parte decree will passed in your favour.

In the absence, of any agreement, it is considered as an implied agreement between a landlord and a tenant. Send them a notice. If they do not reply or do not pay the rent, bill etc. Then take legal help from any local lawyer to get back possession over the property.

In case he has absconded file a complaint and take police help. The police will allow you to break open lock and they will conduct mahazar. In case police is not helping file a suit for eviction if he does not contest the court will pass an exparte decree order in your favour with in six months to a year.

You can file a police Complaint and break open the door. It's your flat you can enter into your premises. You can't keep the same in lock as you should know the same. Don't forget to file a police Complaint.

1.You have not entered in to any agreement with him for his said stay. So, file a declaratory suit praying for a declaration that he was not a tenant and had requested you to allow him to store his luggage till he finds an accommodation. Thereafter file an application praying for a direction to engage a receiver to break open the lock of your said flat, make inventory of his belongings which you should keep in safe custody while using your said flat till the suit is disposed off.

2. The entire process might take around 6 months.

1. As per law, you should first issue a legal notice to him demanding him to vacate the premises for default in rental payment as well as for your personal use.

The notice being sent to his current address will return undelivered with the reason that the intimation delivered.

After that you can file an eviction suit before the rent control court, get the summons returned undelivered, after newspaper publication, get an exparte order and also file an execution petition to execute the decree through court and get all his items thrown on road or to the court deposit.

Take delivery of vacant possession of the premises through the court Ameen.

Dont try any other illegal means of taking possession of property other than the due process of law as stated above.

2. The response to the court notice and all other details have been explained above, you may consult a local advocate and proceed as per the further advice received.

Dear Client,

Under License agreement, owner can enter anytime in the building/premises and without any lease agreement, property is always open for inspection and recover possession in continuous absence of tenant.

Take local residents with u, break the lock, enter, if possible take the video.

Make a list of articles witnesses by local lite. No big deal and legal.

File a criminal suite with magistrate getting direction to file FIR by police of person absconding and also for opening the house in presence of police as it might be that there may be something in you house kept by the tenant which is illegal and get the panchnama done

If tenant is absconding file a police complaint as of no agreement and rent paid and illegaly in.possesion of property also you can on police help break open the lock and can draw list of goods inside it and can be kept at one side or deposited in police station.

Also issue a legal notice on last adress.know and on mail or through message then file an injunction and eviction suit

The court fee for eviction suit will be informed by your advocate along with his fee.

Apart from above query I would like to know -

1.How much time it will take to get possession once legal process is initiated in civil court?

The time taken for disposal in a court of law cannot be predicted owing to various factors involved in it.

2. What if tenant doesn't serve any of court notice or hearing?

If the tenant is not available in the given address, the court will ask the petitioner to take steps for substitute service of summons, if he is not served on that also, then the court may pass an exparte order.

After that after completion of 30 days, you may file an execution petition to execute the court order to take possession of the property through court ameen by breaking open the lock.

All these processes should not take more than 6 months.

1) suit would take some years to be disposed of

2) if tenant refuses to accept service of notice it is deemed to be served . If siummons cannot be served court would direct substituted service ie paper publication

3) if he does not attend court or engage Lawyer you would get exparte decree

If the tenant is placed exparte then you may get possession soon. Secondly if he does not attend court after service of summons he will be placed exparte in case he's not found in address then take substituted service under order 5 rule 20 CPC and thereafter he will be placed exparte. Once order of court is passed fIle for execution for delivery of property through court.

Court fee will vary from state to state get a local advocate appointed who can guide you with court fee along with cost of litigation.

1. The Court fee in the case of eviction suit will not depend on the value of the house since you are not claiming title or partition of the house but seeking the eviction of your tenant. The usual minimum Court fee required for filing a case will be required. Eviction suit takes a long time to be disposed of which might take even 2 to 10 years depending on various factors.

2. If you file the eviction suit, the tenant will be served with the notice to be issued by the Court and if the tenant refuses to receive the same, then first it will be published in the Newspaper and then the suit will be heard ex-parte.