• How to settle property matter if teants there?

I'm 100 year teants and running business successfully almost 4th generation lived in this property now as the rate going high he wants to evicte and wants to build project in the property but I want to settle this matter and I don't want go to the court please guide me how to settle this matter and one more thing i collect some information that is he sold this property 2 times to the other party and they file the case against him...tell.me what to do?
Asked 4 years ago in Property Law
Religion: Hindu

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19 Answers

Sir for settlement you can prepare a agreement with the owner of the property you can take a amount.or share in redevelopment for giving up of your right of possession over the property .

The agreement can be registered and then the possession can be given.to the landlord

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You should talk to owner and prepare a agreement for same.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You are protected tenant

2) you cnnaot be forcibly evicted

3) if landlord is offering you commercial premises in redeveloped property then agree for redevelopment

4) get agreement signed with landlord then only vacate the premises

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Sir since there is ongoing litigation in the property.it would be better you take money under agreement and surrender the possession as waiting for.reconstruction ans share there cam be issue. Till.the time.you are not.completely paid for possession donot.leave same.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Tenants rights are only limited to the extent that he is a tenant and not anything beyond that.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

This is my response to you:

1. If you can prove adverse possession then you can get away with it;

2. You may refer this case: https://drive.google.com/file/d/0BzXilfcxe7yuTTdZTHUyZDU3TmM/view

3. You also must refer this case: https://drive.google.com/file/d/0BzXilfcxe7yuRElJVTJLZ0VadzQ/view

4. But you must also remember this that just by remaining on property does not amount to adverse possession: https://drive.google.com/file/d/1l4KBFVYgOcBofVNqQG_dTDv_ld-0t2NI/view

5. Inspite of the owner trying to evict you, you remain on the land for more than 12 years, you become the owner;

6. Otherwise you can file a suit for declaration of right, title and interest on the property;

7. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Firslty, as per thebinfromation mentioned in the present query, makes it clear that you have right at least tenancy right over the same.

Secondly, the fact that he has sold it to two others earlier would not terminate your right.

Thirdly, you can have a word with him stating that you have right to be here subject to some increase in the rent.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

It appears there is litigation pending on respect of the parties

Unless and until settlement is arrived at with parties or court finally decides the matter no redevelopment can take place

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Enter into agreement with landlord

2) if landlord is willing to offer you money for vacating the premises don’t vacate he premises unless money is received by you

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Consult a local lawyer and act as per his advice

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Even on sale, your tenancy will survive.

You have already got vested ownership (residue) in the property and cant be evicted without duly compensated.

Without recource of court, no forceful eviction.

no criminal case maintainable against you.

You can seek stay from court very easily against eviction and peaceful possession.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You want to settle the matter by moving out of the property

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Or you want some compensation in lieu whereof?

Kindly clarify

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You should understand the underlying fact that a tenant is always a tenant and he canot claim ownership of the rented property for any reason.

You can file an injunction suit against the owner if he is trying to evict you by force, but without approaching court you cannot get any solution if the problem is not sorted out amicably on talks with the owner.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

What step I follow to avoid all the problem

You may discuss with an advocate and file an injunction suit against the owner for restraining him from evicting you forcibly other than by due process of law.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

How to settle matter

What settlement are you talking about?

Is the owner ready for talks for an amicable settlement?

If yes, then sit and talk to him under your conditions and terms.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

he sold these property earlierto two parties and they also suit the case against him such 420 criminal case against him

And my owner did some construction in the property too for start his new venture

The owner appears to be a fraudulent person, hence you may not have any protection against this long standing tenancy.

However when it comes for eviction then you can jump into legal action by filing an injunction suit to defend your interests.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

you cnnaot be forcibly evicted

For settlement you can prepare a agreement with the owner of the property you can take a monetory amount or share in redevelopment for giving up

.

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

Tenant having limited right so if property is in any dispute or the matter of 420 by two parties

In this situation if he offering or you can settle with monetary amount

Vacate The property only after receiving said amount

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

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