• Vacating the rented property given on rent by grand father

A shop was given on rent by my grand father some twenty years ago. After he and my parents expired am legal owner of the property now. The tenant is not giving any rent since last few years now and I wanted this shop for my use and my son's use. How can we vacate it. Should I file a case ? Is the rule of to act within 12 years applies on this ? I got the ownership.of the property about five years ago after my mother expired.
Asked 3 years ago in Property Law
Religion: Hindu

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15 Answers

you should issue legal notice to evacuate the rented premises and also demand the pending rent. Later if he didn't comply the notice you have to sue him in competent court.

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

Tell me location of shop and rent per month.

Dalip Singh
Advocate, New Delhi
1050 Answers
36 Consultations

5.0 on 5.0

1) on mother demise apply for mutation of property in your name 


2) issue legal notice to tenant to pay arrears of rent and to vacate premises as you require  it for personal use 


3)if  he refuses file eviction suit 


4) rule of adverse possession would not be applicable 

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

You can evict the tenant from the rented property . First send a legal notice for eviction and arrears of rent .If he is refuses then approach the court for eviction under the ground arrears of rent and personal occupation .The Hon’ble Supreme court held that the landlord can seek eviction of the tenant for benefit of member of his family notwithstanding that such landlord is himself occupying building of his own for carrying business so long as such member of family for whose benefit eviction is sought does not occupy any premises of his own in city or town. Further, the tenant cannot dictate to the landlord the portion or premises landlord should choose.

Ajay N S
Advocate, Ernakulam
4010 Answers
96 Consultations

5.0 on 5.0


Issue notice terminating their tenancy stating that you need the premises for your bona fide use.

You should ask for the arrears of rent. 

If he does not respond to the same, file eviction suit also claiming arrears of rent and damages.

The rule of 12 years (Adverse Possession) does not apply in your case.

Lastly get your name mutated in Records.

Good Luck 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

  1. Yes you must file a Rent and Eviction suit against him to get the property vacated. 
  2. I'm prepared to handle this case and take it to it's logical conclusion. 
  3. I require an exhaustive consultation session with you first. So do pay me a visit.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1431 Answers
5 Consultations

4.4 on 5.0

1. You have to file a petition for the eviction of tenant on the ground of default in rent and that you require the premises for your bona fide personal use.

2. 12 year rule does not apply to your case,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1.  You can file a Suit for Eviction on the Tenant, for the property for your own bonafide usage, supported by proper relevant documentary evidences, and by following due procedure of law.

2. In your case the "adverse possession" of 12 years would not apply.

3. You will need to bring yourself on the Revenue Records and your name should be mutated against the property.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You have to give eviction notice to tenant on non payment of rent if on notice he refuses file a suit for eviction.

See he is tenant and under permissive possession he has not been under adverse possession for 20 years he has been paying some rent for years so the defence will not be valid.

You can file suit on ground that from last 3 years he is not paying rent.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0


Please give him legal notice and then file suit for eviction. Attach all previous rent deed and receipts 

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0


You immediately need to file eviction suit on the ground of arrears and personal bonafied use but before that you also need to give notice calling upon the tenant to pay rent and arrears and to vacant and hand over peaceful possession failing which suit needs to be filed.  There is no limitation to file a suit. You also need to show ample of proof to show that you need the shop for your use and your sons use and you or your son does not have any alternative place.


Arvind Gaikwad

Arvind Gaikwad
Advocate, Mumbai
7 Answers

Not rated

The period of 12 years starts when the possession goes hostile from landlord. It means after landlord doesn't want him there and he doesn't evict

Prashant Nayak
Advocate, Mumbai
28054 Answers
93 Consultations

4.4 on 5.0

Issue notice of 15 days for eviction - ground shall be bonafide need, default in rent payment and non revision of rent. And without fail initiate eviction suit after lapse of 15 days period. 

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0


You have to settle the matter out of court because if you approach the court for vacating the property the adverse possession will come into play against you.

Through which your tenant can claim ownership of the property.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You can issue a legal notice instructing the tenant to vacate the premises since he has not paid rent for many years and also to the pay the arrears of rent till the time he remains there.

After that you may file an eviction suit before the jurisdictional court.


T Kalaiselvan
Advocate, Vellore
79182 Answers
1611 Consultations

5.0 on 5.0

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