a suit for eviction will have to be filed with an appropriate civil court of jurisdiction. Once the suit has been filed, the tenant will be notified by the court.

After receiving a notice from the Court, the tenant would usually leave the premises on their own without causing any problems. In order to complete the procedure, the tenant would contest the notice, after which the landlord would have to wait for the court to hear their case. Depending on the evidence provided by the landlord and the arguments presented by the tenant, an eviction may be granted.

Grounds to Evict a Tenant in India

The rental laws in India help a landlord in evicting their tenant only if there is a justifiable and valid reason for such measure. The following grounds for eviction of tenant in India are laid down by various state laws on eviction for tenants in India

The tenant has intentionally not paid mutually agreed rent amount for more than 15 days from the due date.The tenant has sublet the rented property to another person without taking landlord’s permission or providing a written request.The tenant has used rented premises for unlawful purposes or other purposes than mentioned in the rental agreement.Any action of the tenant has led to the loss of property value or its utility.The tenant’s actions are found to be objectionable by the neighbourhood and landlord has received a complaint against the tenant. The tenant has intentionally refuted the landlord’s title in the rented property for an unknown reason.The landlord needs their property for own occupation or for any family member.The landlord needs their property for repairs and renovation which otherwise is not possible unless the property is vacated.The landlord intends to construct another building which requires demolition of the property.

Issue legal notice to tenant to vacate premises for non payment of rent

2) mention that tenants are not staying in said premises for last 18 years bit is unlawfully sub let to third party

3) if tenant refuses to vacate file eviction suit

You need to file an eviction suit against the actual tenant as they are not living there you cannot claim the property that they need it. you have to claim that you need the property for your personal use and you have to prove in the court

Firslty, Sir, there is no peovision in any of the state law with respect to Rented or leased property.

Secondly, if there is an agreement then they may be easily evicted, but if not then also they do not have any part ownership rights irrespective of the fact that they are living since too long.

Thirdly, but, if the rent was less than 3500 then they may get some relaxation.

This is my response to you:

1. Since there was no agreement then you must send them a legal notice for eviction;

2. Although the period of limitation is against you, you can send them a legal notice;

3. If they still don't vacate then you can file a suit for eviction in the court;

4. They can never become the owners, since the original family has give it on sub-lease which itself is illegal;

5. Therefore on that ground you can seek eviction;

6. Normally nobody will leave the premises, so you might have to take the help of police;

7. Collect all the evidences of your ownership.

No, it is not true. As far as the law is concerned, they are illegally occupying your property. File a complaint at the local police station for the same and have them evicted at the earliest.

Dear Client,

Your case should be of unauthorized occupants.

Who is paying property tax etc. You should file case of eviction for non payment of rent and sub-let.

Don`t pose them trespasser otherwise they will claim ownership by doctrine of adverse possession.

Trespasser can claim ownership against the actual owner after 12 years possession.

They cannot claim ownership just because they stayed in the premises for over 20 years.

Since they are neither tenant nor there is any agreement between you both, you may issue a legal notice to vacate the premises, failing to comply with the demand of the notice, you ,may file an ejection suit against them.

Consult a local lawyer and proceed legally agaisnt them immediately, the non-payment of rent and unauthorised stay in the premises is a good ground for ejecting them.

1. Your inaction for last 20 years in evicting the occupiers of your property will certainly go against you.

2. You shall have to file eviction suit against them and in that case you should claim that you have had received rent from the tenant before 10 years.

3. If they can prove that they are staying in the said property against your expressed wish for more than 12 years then they can claim adverse possession of the said property.

They can illegally try to claim part ownership on the house. But legally they have no right to claim as they are not the legal owners of that property. A tenant is always a tenant. It can never become owner. For ownership rights he needs to get property transfered on his name by way of sale deed, gift deed, etc.