• Filing of suit in Delhi High Court for eviction tenant

I have the following documents:

1. Rent deed with Tenant

2. Registered Sale Deed in name of my mother.

3. Registered WILL that says that the property belongs to me after the death of my mother.

4. Death Certificate of my mother

5. Aadhar Card 

Q1, Is registered sale deed of my mother is enough for filing suit in Delhi High Court for Eviction of Tenant ?

Q2. do I compulsary need complete Back Chain of property ownership papers for filing suit in Delhi High Court for Eviction of Tenant ?
Asked 2 years ago in Property Law
Religion: Hindu

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20 Answers

Firstly, the document of sale deed is in your mother name as you stated in the above mentioned query, which is sufficient for filing the suit for eviction in court of law.

Secondly, there is no need to bring the previous chain of property ownership.

Thirdly, you can file on your name also as the representative powers.

Thirdly, first you need to go to the rent controller then to the appellate forum then to the High Court.

It is not clear from your query as where have you gone till now.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You can also have detail conversation over phone through Kanoon, if required.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear client,

Yes will is enough to file a eviction suit.

2. Yes u need complete back chain of property ownership for filing suit in Delhi high court

Hemadri Chandrakanth
Advocate, Vijayawada
98 Answers
10 Consultations

4.0 on 5.0

yes issue a notice to tenant for eviction from the property if he doesnot file a suit for eviction all documents are sufficient to file eviction suit.

no registered sale deed is enough to show title as ownership is not in dispute so you donot need the back chain.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

Registered sale deed of mother is sufficient to establish your mother is absolute owner of property

2)your mother can file eviction suit

3) you don’t need original chain of documents to file eviction suit

4) your registered leave and licence agreement is sufficient

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

1. It is not clear who inducted the tenant and who is signing rent receipt to the tenant.

2. If it is you then there is no need for any other proof and you can file eviction suit against the tenant. The tenant can never challenge the title of the landlord .

3. Now if the tenant was inducted by your mother then you will have to give a letter attormnement to your tenant and then file an eviction suit on the basis of the Will and death certificate.

Devajyoti Barman
Advocate, Kolkata
21787 Answers
318 Consultations

5.0 on 5.0

Your mother can file a suit for eviction in the Civil Court of Delhi on the basis of rent deed.

You can move to the high court only in case of any judgement not in your favour by the Civil Court and the same procedure is applicable for the tenant as well in case decision is not in his favour at this stage you cannot go to the high court which has no jurisdiction

Vimlesh Prasad Mishra
Advocate, Lucknow
6793 Answers
23 Consultations

4.9 on 5.0

Hi, the above documents are sufficient for the filing of suit ..The suit will be filed in the district court where the jurisdiction of the property lies and not in the high court

Hemant Chaudhary
Advocate, Gurgaon
4599 Answers
42 Consultations

4.9 on 5.0

First let me disabuse you of the notion that you can “sue” for ejectment and that too in the Delhi High Court. You cannot do any such thing. But don’t despair. You can have the tenant evicted under the Delhi Rent Act.

The appropriate forum would be the concerned Rent Authority appointed under the Delhi Rent Act. You will have to move an application under Section 22 for recovery of possession.

You don’t need to establish the chronology of ownership before the Rent Authority, and this is not a title suit. Heirs and legal representatives are perfectly competent to bring and sustain an action for recovery of possession of a demised premises.

Pulkit Chandna
Advocate, New Delhi
189 Answers
3 Consultations

4.9 on 5.0

1. No you can file a suit.of eviction.

2.i don't know what basis he is saying so but in case you have clear title of property dispute is only of tenancy that you don't need to show the complete chain mothers sale deed and will is good enough for the case.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

Hi, a suit for eviction can be directly filed in civil court ..The current owner title-ship is sufficient for the present suit

Hemant Chaudhary
Advocate, Gurgaon
4599 Answers
42 Consultations

4.9 on 5.0

You do not need to submit complete chain of title documents to file suit for recovery of possession

2) number of lawyers on this website from Delhi

3) you can contact any of them for filing evicsuit

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

The value of the property is inconsequential for your current purpose. It falls squarely in the purview of the Delhi Rent Act.

As for the second question, it is totally unnecessary. The chronology of ownership will have no bearing on the action you are contemplating. As to why he is insisting on this, it is something you need to ask him.

Pulkit Chandna
Advocate, New Delhi
189 Answers
3 Consultations

4.9 on 5.0

The registered Will testated by your mother bequeathing her property in your favor shall be the proof to prove that you are the absolute owner of the property, enforcing the Will deed.

In the meantime you may apply for mutation of revenue records and other records on the basis of this registered will so that you can establish your possession also.

Even otherwise, as the beneficiary of the Will, you can acquire the property and can file an eviction suit as proposed

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

1. You can file the proposed eviction suit before the rent controller court and need not approach high court for this.

2.It is not understood that why your lawyer is insisting in this unnecessary procedure, in my opinion, you may directly file an eviction suit before the rent controller court seeking eviction on the basis of bequest made in the registered Will on your name.

The necessary documents for establishing your title may be produced for the case

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

You will require the leave and license agreement Registered also for the same.

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

There is no need for any back chain, don't know why that particular lawyer is asking for back chained property papers. You also not need to go into the Delhi Rent Control Act because your property doesn't belong to that jurisdiction.

You have to simply file a suit for recovery of possession. For filing this suit you need to show his tenancy and also yourself as the owner of the property and for which I think you have all documents.

Harsh Singhal
Advocate, New Delhi
7 Answers

4.0 on 5.0

IQ1, Is registered sale deed of my mother is enough for filing suit in Delhi High Court for Eviction of Tenant ?

Ans: You have to file copy of sale deed of your mother, copy of Will and copy of Death Certificate of your Mother and copy of rent deed.

Q2. do I compulsary need complete Back Chain of property ownership papers for filing suit in Delhi High Court for Eviction of Tenant ?

Ans.2. Complete chain not required.

Q3. Do i still first need to go to rent controller or i can directly file suit in delhi high court ?

Ans:3. If rent is more than Rs.3500/- per month, rent deed is registered and a notice for termination is given, you can file the case in the high court.

Q4. A local lawyer is telling me that i need to submit copies of complete back chain of property ownership papers in delhi high court for filing suit for recovery of possession. Why the local lawyer is insisting on submitting complete back chain of property papers ?

Ans: Complete chain not required.

Dalip Singh
Advocate, New Delhi
861 Answers
13 Consultations

5.0 on 5.0

Absolutely no need. Tell what is monthly rent ?

Jitender Kumar
Advocate, New Delhi
35 Answers

4.0 on 5.0

Q1, Is registered sale deed of my mother is enough for filing suit in Delhi High Court for Eviction of Tenant ?

Answer: Yes;

Q2. do I compulsary need complete Back Chain of property ownership papers for filing suit in Delhi High Court for Eviction of Tenant ?

Answer: No;

Q3. Do i still first need to go to rent controller or i can directly file suit in delhi high court ?

Answer: You must approach the rent controller first. The High Court may ask you to exhaust all other remedies available to you before you approach the HC;

Q4. A local lawyer is telling me that i need to submit copies of complete back chain of property ownership papers in delhi high court for filing suit for recovery of possession. Why the local lawyer is insisting on submiting complete back chain of property papers ?

Answer: Is there any fault in the title of the previous owners? If yes, then you may need the documents just for precaution sakes.

You can do the following as precautionary measures:

1. The documents which you have seemed to lost, you can get a copy from the Sub-Registrars office ;

2. You can also file an RTI and retrieve the true copy of the same;

3. You can also file a police complaint in the nearest police station, stating that you lost the previous documents

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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