you can definitely file suit for eviction for the genuine need of your family
Tenant doesn't vacate the room
Around 60 years ago my grandfather had rented out a room out of his property he was living his family with to a tenant for around 15 Rs/month. The tenant used that room for living with his family and also a small warehouse for his wheat packages. Over the period of time he earned lot of money and at present time he is one of the biggest suppliers of wheat across India. He shifted (around 20 years back) to some other place with his family as he started making money but the room is still in his seize. Though he himself doesn’t use this room anymore rather he lives in a big bungalow (2-3 properties of 10-15 crores each), one of his worker uses this room to sleep at night. There are no assets in the room. He doesn’t pay any rent as well. Further, my grandfather made a will before he die and my father got the share in which above mentioned room is located. This is the only property my father and other shareholders (5 uncles) have. 6 families live in this property. We want to reconstruct this property and divide as per the will but due to this room which is being seized by the tenant, neither my father nor my other uncles can reconstruct this property. My grandfather when we alive, my father and my other uncles have requested him many times to vacate the room but he doesn’t. Neither he says he wouldn’t nor he vacates. Now, 6 families are suffering because of this single room. This room is located in such a place where if reconstructed entrance would be there. This property is quiet old and cannot be renovated and hence required to be reconstructed. As a result, growing family members such as after marriage etc. one has to leave home live on rent. Note: The shares have not been transferred yet. Now my questions are: 1. In this situation where a landlord himself doesn’t have a proper place to live, can he ask the tenant to vacate the place with immediate effect? 2. On a condition that landlord will rent out again to him after reconstruction, can a landlord, in a situation where he himself doesn’t have a place to live, ask the tenant to vacate the place with immediate effect? 3. As mentioned above that the property is very old, if a shareholder in the property starts reconstructing only his share, which may cause some harm to this room also. In that case who will be responsible? In such a case does a tenant have a right to renovate that room or is he bound to vacate the room? What if a tenant is not ready to vacate the room with no roof? Please suggest some other way if any to get rid of this problem.
Asked 10 years ago in Property Law
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
4 Answers
Mr. Bari Thanks for your prompt reply. Is this only solution? How much time should it take as my family is really need this to be resolved as soon possible? Should we get the property transferred to respective shareholder before filings suit for eviction? Please answer to my 3rd question as well?. 3. As mentioned above that the property is very old, if a shareholder in the property starts reconstructing only his share, which may cause some harm to this room also. In that case who will be responsible? In such a case does a tenant have a right to renovate that room or is he bound to vacate the room? What if a tenant is not ready to vacate the room with no roof?
Asked 10 years ago
1)file suit for eviction on grounds that tenant is not staying in said premises ,t hat he is a defaulter has not paid rent for years . mention list of other properties owned by landlord . suit for eviction may take years .
2)in alternative arrive at a settlement with tenants obtain their approval for redevelopment and offer them accommodation on ownership basis when building is reconstructed
3) no share holder can start reconstruction of his share unless building plans are approved by municipal corporation .
eviction suits takes 2-3 years and no other remedy is available.normally they can not start construction without permission,to stopt them you can also file suit for permanent injunction
1. The only legal remedy available to landlord is to file a case for eviction of tenant on the ground that he requires the premises for his own use and has not been rent by tenant. A tenant who defaults in payment of rent has no legal right to continue as a tenant. With the diligent efforts of your lawyer the case can be disposed quickly.
2. Reconstruction of property can be initiated by landlord at any time, albeit the part of property in possession of tenant cannot be touched without the consent of tenant. If any damage is accused to the property in possession of tenant the landlord will be liable.
