No. It's not a criminal, but a civil matter. So police have no jurisdiction. You have to file a civil suit for rent and eviction in district court

If the property is not registered in your name, then whose name is it registered on?

you have to issue legal notice to tenant to vacate the property and pay arrears of rent 

file eviction suit if he fails to vacate the property 

you can give a eviction notice on ground of that he has not paid rent from last 4 months and you require property for personal use on case if on notice he fails file a suit to evict him from property.

Firstly, let me know how much rent had been paid by him on monthly basis to frame proper opinion.

Hi,

Since there is no rent agreement, it's better to file criminal complaint for illegal possession.

1. This is out and out a civil dispute and the Police has nothing to do with this.

2. So if you want your property to be vacated then file a civil suit for eviction and for this you need to send an eviction notice first.

3. The suit for eviction can be filed on the ground of bona fide requirement and for default of rent. This would take time but you would decree for eviction for sure. 

Dear Sir,

- For eviction, you shall have to file Civil suit for eviction at local court having jurisdiction of your area.

- Besides, you can file complaint U/s 145-148 with local police for dispute of immovable property whereas the relief can generally be granted by civil court.

- At initial stage, do send his legal notice.

Regards

Vivek Arya

You can evict him on the ground of non payment.  You can try and check by filing a police complaint in any other section of criminal law.  In this case the said matter is civil so criminal complaint will not be justified and Maintainable

Since the property itself is not registered on your father's name, you may not be able to  file an eviction suit against him for the reason that you will not be able to prove you title to the property.

However you first send a legal notice to him instructing him to vacate , let him give a reply after which you can discuss with your advocate on further steps in this regard.

issue 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.

serve him with a legal notice to evict the property and payment of rent, then, if not vacate the property file suit for eviction against him

who is the registered owner of the property?

Dear Client,

IN case of no agreement, tenancy can be terminate by giving 15 days noitce. No role of police in such cases. Have to file eviction suit for bonafide need.

This is my response to you:

1. Send a legal notice for eviction;

2. If he does not respond then approach rent controller authority;

3. Last step is to approach civil court and file for eviction;

4. Consult a local lawyer and take steps.

Dear Querist

we can advice you legally only, if the rent is less than 3500/- than file a civil suit/eviction petition before the rent controller otherwise before the civil court and if he admit that he is tenant than he can be evicted based on his admission under Order 12 rule 6 of Civil procedure Code-1908.

filing police complaint is not an option for vacate the property.

Feel Free to Call

Dear Sir,

The following information may kindly be read:

Are tenants troubling you? Want to get them evicted from your property? For evicting the tenants from the property you need to ensure that, there should be a proper agreement between the parties. So for eviction either the agreement should have been expired or you could have served a notice of termination of the agreement.

The purposes of the Rental Agreement can be commercial or residential.

If the premises has been rented for commercial purposes then the landlord can evict the tenant only under the following conditions:

(i) The landlord has to show that the tenant has an alternative place to do business

(ii)  If he is not abiding by the terms and conditions of the rental agreement.

(iii) If he is using the property for some unlawful/ illegal purposes.

(iv) If he is causing any damage to the property.

(v) The most important ground is that the landlord himself is in need of the premises. To prove this he needs to show that

(a)  The landlord himself is using a rented property.

(b)  And the said premises are convenient and cost-effective for him.

If the premises is being rented for residential purposes then the grounds of eviction shall be

(i)  The owner himself is using another rented premises,

(ii) The subsequent purchaser of the property wants to evict the tenants,

(iii) If the tenant is using the property for any unlawful or illegal purposes,

(iv) Or the tenant has caused some damage to the property.

The laws in India are pro-tenant laws and it usually takes a long time to get the Tenant Evicted.  In the event of evicting a tenant, you can follow these steps.

1. To begin things, you can send a legal notice to the tenant to vacate the property.

In India the first step for every legal action is sending a legal notice. By this we ensure that the other party is properly informed as to what this notice is for and what will be its consequences. Once the legal notice has been sent the tenant may choose to or not to reply.

1. If the premises are being used for unlawful or illegal purposes then the landlord may directly file a criminal complaint.
2. The legal notice shall include things like how did you meet the tenant for example have you advertised and he contacted you or he was an acquaintance of yours, when did you enter into the rental agreement, what is the reason on which you want to evict the tenant, around what time did these reasons start, have you sent him an written notice earlier, if so when and why, the time period being provided by you for him to evict the property, what steps will be taken if he does not vacate the property.
3. If the tenant does not do so then you may initiate file a rent control original petition (hereinafter known as RCOP) in the proper Small Causes Court in proper jurisdiction against the tenant and proceedings are held. Evidences including the legal notice and rental agreement need to be there to evict a tenant. If the Rental Agreement is not there, then it again it will be a lengthy process.
4. Apart from the Rental Agreement there are some other documents that you might need i.e., documents of the property such as khata, sale deed showing that you are the owner of the property or the parent deed in which you may be shown as the legal owner of the property, etc.
5. Once the RCOP is filed then the court shall carry on the proceedings as in a civil suit.
6. The Court shall after hearing both the parties may pass an order of eviction.
7. Once the Order of Eviction is passed the Tenant shall vacate the property.
8. Even after the Eviction order is passed or he is is not satisfied with the previous order then he may file an appeal as Rent Control Appeal and the further appeal stage shall be the Civil Revision Petition.
9. Even after the court has passed either the order on the original petition or an order on the appeal an still the tenant is not budging from the property the landlord may file an execution petition and the outcome of such a petition shall be either police interference or the revenue official may interfere and get the tenant evicted.
10. It generally takes 1 to 2 years for this whole procedure.

Dear sir,

eviction of tenant can be on the ground such as non payment of the rent from a considerable long time, which in your case is already there. firstly, you need to send the legal notice to the tenant for eviction under section 14 of the Delhi rent control act. Secondly, since that legal essence is completed, now we can directly approach the police officials or magistrate for his eviction which can be done easily.

you can contact me for consultation. if any.

regards,

YUGANSHU SHARMA

ADVOCATE 

Hello,

Do you have the rent receipts or the transaction details for the previous payment that has been made? 

You will have to send a notice to him for eviction and if he does not vacate thereafter you may file a suit for eviction. 

Regards 

Dear Client 

By complaining to police you will not get the property as he can claim the property by way of adverse possession from last 18 years.

The only way you can get the property vacated is through crook as in your case hook may fail as there is limitation if adverse possession that is 12 years. 

So you should try to vacate the property without approaching the court. Or you can ask him to purchase the property from you. 

1. As per the information mentioned in the present query, makes it clear that the tenant is not ready to vacate the property.
2. Now, let me tell you that there are two types of cases under tenant and landlord dispute.
3. Firstly, if the rent is less than 3500/- irrespective of the fact as whether any agreement was executed or not, then he cannot be evicted for sure till his next generation also not come to their life end.
4. But, yes, if you don’t have any other accommodation and want to use the same for selling purpose due to some urgency then you will have to file a case before the rent controller, and then you might get relief.
5. Secondly, if the rent was higher than the amount of 3500/- then you will have to give 6 months notice to vacate the property as per Section 106/7 of TP Act as the property as the property has been used for commercial purpose irrespective of the fact of having any agreement or not.
6. If he doesn’t comply if the notice then file a civil suit for eviction before the civil court of law.