Dear all, Seeking your advice on the following matter : - My Great Grand Mother (passed away in 1999) had a house in her name in New Delhi which has been occupied by 2 tenants (one passed away & other one still alive). One portion is being used by a tenant's wife (tenant having passed away) to run garments manufacturing business without our knowledge / permission & other portion being locked (tenant being alive but not living at the premises). Signed lease agreements not being available as property was let out may 40-45 years ago by my late Great Grand Father. Since the family now wishes to get this property vacated, please advise on a possible course of action. I did speak to the late tenant's son a while ago & even have whatsapp conversation asking him to vacate but he has refused. Am told that this person is a lawyer & working with a prominent law firm in New Delhi. Considering the above circumstances, what best legal remedy can be followed in this case. May please advise. Thanks.
1) you can file suit for eviction against the tenant if he is not staying in the premises
2) electricity meter would reflect zero usage of premises
3) similarly if premises have been granted for residential use and tenant is carrying on manufacturing activity file eviction suit against him
You must file a suit for eviction. How does it matter whether the other party is a lawyer or Cheif Justice of India? Law is applicable for all. It's your property and you have every right to file the suit for eviction.
I'm prepared to handle your case. So take appointment [deleted]. ([deleted])
See you need to give eviction notice to the tenants on ground that property is used for residential purpose and further the other property is not used and you need property for own use.
There after if on notice the party fail to vacate the premises then eviction suit has to be filed before the court seeking eviction see it would be long procedure and civil suit shall take time in court.
Firstly, you will have to serve legal notice to them to vacate the property on grounds of non usage and change of usage from residential to commercial, without your consent and give them 2 weeks time to vacate the property.
If they fail to do so, then you'll have to file a suit for eviction in civil court on the aforementioned grounds in order to evict the tenants and to get the possession of your property.
Once a valid ground for tenant eviction is established, then the legal process to evicting tenants and the remedies given under the Rent Agreement between landlord and tenant, and the rental laws in India need to be availed.
Your bonafide requirement for personal use can also be taken as a ground for eviction.
Dear Client,
You need to file a suit for Eviction on the ground the the Tenant is Lawyer and he is misusing Law as well ignoring law. First give him a legal notice narrating the whole story then file a case for Eviction. You show documents of ownership but he has no documents of ownership.
Dear Client,
You have to file eviction suit on ground of non use of property, bonfide need. Further the property has been rented for residential which is put to use for commercial purpose.
Valid grounds for vacation order. Also file application in eviction suit for revision of rent.
Issue a legal notice for eviction to tenant. he is a defaulter and also file suit for eviction before local civil court.
One tenant whose Wife & Son are occupying the property since the beginning (1970s maybe) haven't paid any rent post 1999...does this pose a concern in filing an eviction suit?
Absolutely. Non payment of rent is the best ground in order to evict a tenant. Tenants who have not paid the rent on time can be evicted.
Default in paying rent is another ground for eviction of tenant. And file suit soon, otherwise they may claim ownership on the basis of adverse possession.
No. Rather you are in a position to claim rent from 1999. For that you have to file RAE (Rent and eviction) suit.
However, you didn't seem too interested in claiming rent; hence I had suggested only eviction suit.
Non payment of rent is ground for eviction
you can file eviction suit against said tenant
If there is no rent agreement then a suit for recovery of possession will have to be filed in the competent civil court, else a petition for eviction can be filed before rent controller.
See contest that they have not been paying rent from 7-8 years so that they are not able to take ground of adverse possession.
You can issue an eviction notice to the deceased tenant's relatives who are continuing with the tenancy even after 5 years of the death of the tenant.
You can state that they are unauthorised occupants of the premises upon the death of the original tenant and are liable to vacate the same immediately or else you would initiate legal action to evict them from the property by due process of law.
For the other tenant who has kept the property locked for years, you can state the same reason in the eviction notice and initiate legal action for eviction by filing an eviction suit against both for different reasons.
The deceased tenant's son being a lawyer will not entitle him to act in contrary to law.
Default in payment of rental amount is one of the major reason for seeking eviction before court, you may add this also the ground for eviction
No, you can also file a suit for reconvey. We will do it. Where do you live in Delhi?
You can send them eviction notice and if not vacated then you can file eviction suit
