• Guest not vacating the property owned by me

Sir/Madam, 
 My father and mother were living in a rented property for 35 years. During this duration they paid rent to the Owner of the property. My parents had also adopted their first grand-child (My Nephew- he is son of my elder sister), though no documentation/ paperwork was done and was only an informal arrangement and he has been living in that house since birth. After my father's demise (My mother is still hail and hearty), I bought the property from the Property Owner and got the registration of the property done. 
Meanwhile my nephew has been living continuously (For nearly 36 years in all and nearly 10 years since I became the owner) in that house as I thought he is my relative and would not pose me a problem in future. I did not sign any agreements with him in this regards and he and his family had been using the premises for their personal use without paying any rent till date. Now I am about to retire and want to use the property for my personal use but i am getting indications that he would refuse to vacate the premises and may also challenge me with a share in the property as My grandfather had raised him up also (though there is no documentation as such and as well as I purchased the house independently). 
Please help me by providing me with available solutions as I am worried about my house's future. What should be my future course of action. Should I proceed for signing a Leave and License agreement or any other options are available for me?
Asked 4 years ago in Property Law
Religion: Hindu

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6 Answers

Dear Sir,

There are two options for you. You may opt for filing eviction suit against them stating that there are only tenants under you and your father, it is a easiest procedure provided you take the plea of oral rental agreement. Secondly you may opt for filing suit for possession claiming as owner and they in illegal possession of the same. This second option takes some time to be disposed of. Depending upon your evidence you may choose either of the two options.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

There is no formal adoption deed

2) no giving and taking ceremony performed

3) since you ha e purchased property you are absolute owner

3) issue legal notice to nephew to vacate property

5) if he refuses file eviction suit

6) nephew cannot claim any rights on property

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

If you have independently bought the property then you can decide the future of the house. If you, after retirement wants to use it for your personal use and want him to vacate the place then you can send notice to him to vacate the premises within a reasonable time. Else if you see that he will stay there without vacating the place then you can go for leave and licence agreement.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

1. He can not claim share of the property for his staying over there for years when you have registered the sale deed in connection with the said property in your favour.

2. However, you also can not evict him without due process of law.

3. File an eviction suit against him claiming that he is not a tenant but a licensee whom you had given license to stay at your property and that you have now withdrawn the said license for which he should vacate the property now.

4. After filing the eviction suit negotiate with him for out of court settlement for his vacating your premise.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1. The status of your nephew in the property is nothing but like a permissive occupier who is called licensee as well.

2. if that is so then he is liable to quit and vacate the premises the moment you revoke the license .

3. Since you want this property back for any reason whatsoever you will have to send him a notice of eviction.

4. on receipt of the notice of he refuses to vacate the premises then you will have to file a suit for eviction.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

If you have a registered sale deed on your name and have clear and marketable title to the property, you may first talk to him to vacate the property since you wanted to occupy the same after your retirement.

If he refuses to accede to your request, you may issue a legal notice to him asking him to vacate the property in which he is illegally residing even though there was no agreement for lease or rent and that he is squatting in the property without any authority.

If he is still not responding to the legal notice or not complying with the demands made, you may file a suit for ejection.

Since he is staying illegally in your property, you may have to file a ejection suit and possession.

Dont enter into any such agreement with him which may be detrimental to your future.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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