Tenant not vacating the house
I had given one room set to a family in my house in year 2005. Due to some reasons no rent/lease agreement was made with him. The room is situated at first floor. The first floor also have three other rooms, one kitchen, one tiolet/bathroom which have our possesion. we live at gorund floor which has three rooms, one kitchen, one tiolet/bathroom. THe second floor has one room set and thie two is in our posesion. In year 2009 when i asked the tenant to vacate my house since i have to rebuild it. He requested to wait for some time as he will sell his house in village and buy a flat in Delhi. This excuse goes on till year 2012, when he sunddleny said I need to give him Rs 15 lakhs to vacate the room. We try to persuade him but he insisted on his demand. In this january we thought of selling it. Then he told me that he has papers of first floor and has shown to different peoples. These peoples are reliable persons and can be trusted. Interestigly he show my sign as if i had sold it to him. A Cheating Case, Indeed. Now he cliams the ownership of first floor.
PLEASE reply what process we can apply for vacating him from our property. General time taken to resovle the dispute in court, etc
Asked 2 years ago in Property Law from New Delhi, Delhi
1) if he has forged your signature file criminal complaint of cheating , criminal breach of trust , forgery against tenant .
2) also issue legal notice to tenant for vacating premises on account of non payment of rent
3) file suit for eviction .
4) it may take some years for suit to be disposed of depending upon pendency of court cases in your city
1. You committed a blunder by not executing a rent agreement with this person.
2. In the absence of a rent agreement you cannot claim the protection of law which is available to a landlord.
3. The only legal recourse which you can pursue now is to file a case for the eviction of this man in the court.
4. If the documents of title of the property have been forged by him then it is imperative that you prosecute him for cheating and forgery.
5. Proceed immediately by engaging a lawyer as you run the risk of losing your property.
Hi, You have to issue a legal notice and ask him to evict the schedule property and i he fail to evict the property then you have to file suit for ejectment.
2. It is better you have to apply for Encumbrance Certificate of your property and if there is any registered transaction then it will reflect in the Encumbrance Certificate.
3. Suppose, as per tenant claim he has sale deed then you have to file a suit for deceleration that you are the absolute owner of the property and also sought for cancellation of the Sale deed.
Have you issued rent receipts in the mean time? If rent receipts have been issued then it has two effects. One positive and another negative. One it establishes that you have authorised his initial right to entry and possession and/or occupancy of your premises. However the positive will be that you have given it on rent and not sold away the premises thereby subjecting his ownership rights as fraudulent.
File a criminal complaint for criminal breach of trust and based on such criminal complaint also file an eviction suit. Cause upon the tenant a legal notice for eviction for fraudulently claiming ownership of such property.
1. Since there is no tenancy agreement or evidence of your taking rent do not consider him as a tenant but as a licensee whom you have allowed to stay in your one room out of mercy,
2. Ths way he will be out of the ambit of tenancy act,
3. Then file eviction suit against him,
4. If he submits any fake document while defecting him in the said eviction suit filed by you, you can file a criminal case against him for trying to chrat you by faking your singature in a bugus deed/agreement.
Give me the details about tenancy:
The amount of rent being paid?
Whether by cash or cheque?
Whether receipts for rent being issued by you?
Any written correspondence between you and him?
Put up a notice on the premises that the said property belongs to you( name and address) and any person dealing with the said property as a seller is unauthorised and the buyer will be at his own risk and cost while dealing with any .such unauthorised person. Take photographs of the notice affixed on the premises with a current newspaper to show the date on which the notice was affixed.
Come back with the reply on above queries.
Advocate, New Delhi