• Eviction

I have a situation where the tenant is absconding . He moved in Feb 2018 and is absconding since June 2017. Since June he has not paid rent, electricity bills, monthly maintenance fee, etc. A Notice has been served to vacate immediately and sent to address mentioned on his aadhar card .His parents are leaving at that address . Lease term is ending on Dec 31 2018. His whereabouts is unknown and his phone numbers invalid. My house has all his material possessions. We are planning to take local police help to take the handover of the home with recorded statement as proceeding legally might take years. Please advise what needs to be done .
Asked 2 years ago in Property Law
Religion: Hindu

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11 Answers

See legally to take the possession you need to take order of the court you need to file a suit before the civil court for eviction and possession. Since it is a civil matter police would rarely help. If he is absconding and is not seen the court can proceed exparte to hand over possession to you.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
135 Consultations

5.0 on 5.0

Mere serving a notice to a tenant for eviction and then taking help of police isn’t the legal procedure nor can it be advised. 

You have to file a eviction suit along with declaration and take courts order to evict the tenant, then get a belief appointed by the court to do the needful according to your case. It will be the onus of belief to give back you the vacant possession of your property. 

Regards 

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

File a complaint in local jurisdiction police station. 

In the presence of police open the door and make an list of belonging items. 

You can also file a recovery of money suit. But You have to hire an advocate for this process, so better you can go through with the help of police. 

Mohammed Mujeeb
Advocate, Hyderabad
19003 Answers
20 Consultations

4.5 on 5.0

You can take possession on expiry of termination notice 

For the articles lying in your house, you can make a record of all those with help of police who can prepare a panchnama signed by 2 witnesses

The articles can be kept in your custody for sometime 

If tenant does not come forward to take custody, then you can sell them by public auction 

Proceeds can be adjusted against auction expenses plus your arrears which he did not pay

Yusuf Rampurawala
Advocate, Mumbai
6201 Answers
50 Consultations

5.0 on 5.0

Approach the court for filing suit for eviction  or  injunction suit against the tenant is the best option.

 

If the help from police is obtained then In the presence of police open the door and make a list of his belonging in the house.And take possession of the house and file Injunction suit .

Ajay N S
Advocate, Ernakulam
3826 Answers
82 Consultations

5.0 on 5.0

1. Well, the police has nothing to do with the getting back possession of this property. This is a civil dispute on which you have to explore legal rights through civil court only.

2. Now to do this you need to file a suit for eviction for which notice for eviction can be sent to this address and his parents are authorised too accept the notice.

3. thereafter you need to file suit for eviction which though would take some time to get positive outcome of your favour.

Devajyoti Barman
Advocate, Kolkata
22452 Answers
353 Consultations

5.0 on 5.0

Police would not intervene as it is a civil dispute 

 

you have to file suit for eviction on expiry of leave licence period 

Ajay Sethi
Advocate, Mumbai
82706 Answers
5254 Consultations

5.0 on 5.0

The local police will not interfere or entertain any complaint in this respect.

You may have to approach civil or rent controller court with an eviction suit.

On getting an exparte decree you may proceed with the execution of the decree through court bailiff.

T Kalaiselvan
Advocate, Vellore
72791 Answers
1111 Consultations

5.0 on 5.0

1) If anyone relatives are staying in India can visit on your behalf and take possession of the flat. As lease is ending on 31st Dec 2018.

Ganesh Kadam
Advocate, Pune
12084 Answers
136 Consultations

4.9 on 5.0

Take the handover of the same through police. Take a video recording of entering your premises. Take possession.

Prashant Nayak
Advocate, Mumbai
23442 Answers
49 Consultations

4.4 on 5.0

1. Police will not interfere in your tresspassing in to the area rented to the tenant which will not be considered as lawful.

 

2. The lease term is valid till 31.12.2018.

 

3. You can file an eviction suit now itself since he has not paid the rent/fees for more than 3 months.

 

4. You can not evict the defaulting tenant without due process of law.

Krishna Kishore Ganguly
Advocate, Kolkata
25607 Answers
726 Consultations

5.0 on 5.0

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