• Property handed over to state

There is a property at kolkta where i am a subtenant. i am not a notified sub tenant, but i am an occupant since 1956. now there is no recorded owner since 1985 and my lawyers say that the property may be handed to the state government. in that situation what are the pros and cons of this. am i on a sticky wicket for not being a notified sub tenant? can the court direct the goverenment to evict me in spite of me paying all my rents in time
Asked 6 years ago in Property Law
Religion: Hindu

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8 Answers

NO, even agasint govt. you can claim title on the basis of adverse possession.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

See if you have possession from 1956 you can claim tenancy of the property based on paid.based on timely rent paid claim the benifit.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

It is not clear how the property is to be handed over to the Government.

If the property is acquired by the government by any gazette notification then only the government requisition the same for the purpose for which is acquired the same.

The process of acquisition can be challenged only by the lawful owner . If you can not establish the title over this property the government will not award the requisition money to you and still would take physical possession of the same.

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

1) you cannot be evicted without due process of law 

 

2) since you are in occupation since 1956 you cannot be forcibly evicted 

Ajay Sethi
Advocate, Mumbai
99877 Answers
8150 Consultations

1. You are paying the rent to the tenant which establishes that you aev his sub tenant.

 

2. You must be having your PAN Card, Vorter ID Card and also Aadhar Card made showiung the said sub-tenanted address as your address to prove that you have been staying therein since 1956.

 

3. Has anybody filed an eviction suit against you?

 

4. If yes, then you shall have adequate evidence to prove that you are te sub-tenant therein to defend your case.

 

5. If eviction has been filed by some one, then you shall have to act as per Court's direction only.

Krishna Kishore Ganguly
Advocate, Kolkata
27723 Answers
726 Consultations

You can not be evicted,only court have power to evict you.

Mohammed Mujeeb
Advocate, Hyderabad
19344 Answers
32 Consultations

Till you are not been evicted or send any notice from Court you don't have to evict. You can contest the same 

Prashant Nayak
Advocate, Mumbai
34590 Answers
249 Consultations

Where do you pay the rent?

If you are paying the rent to the court deposit, then you may claim tenancy rights or protection.

If the case pending in court, who filed it?

It depends on what grounds that they are seeking eviction and what is your defence.

 

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

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