• How to evict the lessee

Dear sir, my grandfather had given 1500 sq.yds vacant site to the lessee to run movie theatre business for a period of 50 years at the rate of rs.300 rent throught the period under a registered lease agreement.  At the end of the lease period the lessee has to vacate the premises taking all the moveable properties such as projector, fans , tubes chairs etc.  now the lease period closes by 2015 October. The present state is that the lesses has closed the theatre business and just given the canteen to a bar and restaurant.  And for last 10 months not paying the rent.  As per our registered lease agreement if lessee fails to pay rent for 6 months we can occupy.  Please advice how to proceed as he failed to pay rents and also sublet the premises.  As Ours is a joint  family we  badly need the property as we want to sell and our share of money.  Please advice.
Asked 3 years ago in Property Law from Tadepalligudem, Andhra Pradesh
1) . on death of grand father all 4 sons have 1/4th share in property . on death of sons their legal heirs would inherit their share . 

2) apply for mutation of property in name of legal heirs . enclose copy of death  certificate .if deceased has left any will enclose will .  

3) on property being mutated then take legal proceedings for eviction of lessee as advised earlier
Ajay Sethi
Advocate, Mumbai
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1. The property belonged equally to all children of your grand father if he died without writing a will. Now that all sons are dead the property belongs equally to their children. 

2. Does the agreement permit the lessee to further lease out the property? If no, then he can be evicted on this ground. 

3. Apply for mutation of property by annexing the death certificate of your grand father. After mutation the legal recourse for eviction of lessee can be set in motion.
Ashish Davessar
Advocate, Jaipur
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484 Consultations
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