• Information to tenant

I want to sale my house under distress.
A tenant is living in the flat without any written agreement.
He is neither paying rent for the last three years nor vacating the flat despite written notices and oral requests.
Is it necessary to inform such a tenant before sale of property?
I am old person unable to run here and there and file a eviction case
R .kumar
Asked 6 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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16 Answers

You are at liberty to sell your house 

 

2) since you don’t want to file suit for eviction inform tenant that you have sold premises to purchaser to pay the purchaser rentals 

Ajay Sethi
Advocate, Mumbai
99885 Answers
8151 Consultations

You can execute POA in favour of family member to attend court 

 

2) your personal presence would be required only during trial 

Ajay Sethi
Advocate, Mumbai
99885 Answers
8151 Consultations

There are no legal ways to make him vacate the property without the interference of the court, if he is not willing to do the same on his own.

Filing a suit for eviction is indispensable.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

You would not be supposed to appear before the court on each and every date if you hire a lawyer for the same and represent you in your matter. Being senior citizen you can ask for short dates too and can decrease the court to expedite your matter going to your age and health issues.

 

You can also execute a power of attorney in favour of any family member or friend to appear before the coirt as and when required.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

1) You can give tenant a legal notice that you are selling your flat and within next one month tenant can vacate the flat and can have for him and his family shelter in next door.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. I wonder why you allowed such tenant to stay in your house without rent. You should have filed a suit for eviction long before.

2. Anyway since you have not filed such case as yet and is willing to dispose of the house then you can proceed to sell the same for which informing the tenant is not at all required legally or otherwise.

3. Since you are reluctant to take recourse to law to evict the tenant , you better sell the house to a prospective customer. 

Devajyoti Barman
Advocate, Kolkata
23657 Answers
538 Consultations

If the lease is expired, then the issue becomes the problem of the new owner of the property. Before selling you have to serve notice to tenant that you are selling your property. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19349 Answers
32 Consultations

You have to give 15 days notice for evicting the property. If the tenant fails to evict the property, then a suit for eviction, with arrears of rent, damages for illegal occupation and the means profits needs to be filed against the tenant..

Mohammed Mujeeb
Advocate, Hyderabad
19349 Answers
32 Consultations

You can sell if any buyer is present but no buyer will purchase such property.  You need to file eviction suit against him and take possession.  You can claim outstanding rent from him till he vacates the same

Prashant Nayak
Advocate, Mumbai
34597 Answers
249 Consultations

If you don't intend to file a suit for eviction, you may serve a legal notice upon your tenant, intimating him to leave your premises. 

However, if the legal notice doesn't serve your purpose, then you have to file the suit for eviction

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

No it is not necessary to inform the tenant but you have to inform the buyer about him and tenant need to be evicted. Once the property is sold the buyer can evict him. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See you can sell and buyer can file a suit or you can give POA to the relative to contest case on your behalf. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Whether or not you have to follow the procedures as prescribed in the law on this subject matter.

You have to give a legal notice for eviction and then you may have to file an eviction suit.

T Kalaiselvan
Advocate, Vellore
90086 Answers
2502 Consultations

If your health do not permit you may give POA deed to your close relative to prosecute the case on your behalf.

T Kalaiselvan
Advocate, Vellore
90086 Answers
2502 Consultations

Dear Sir,

It is better to inform the tenant regarding the sale of property after that also tenant did not vacate the house get issue a legal notice.  But the consent of the tenant is not necessary for sale of property by land lord.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Dear sir

The best remedy for this kind of tenant is that you sell the property to some influential person of the society who have good contacts in society and also a persons of solid criminal or political background ( Bahubali type)  and tell him about the situation and sell him the property without giving notice to tenant. The buyer him self get the flat vacate from the tenant.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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