You need to file eviction suit to evict them
Tenant who is a relative is not vacating
Our house is owned by my mother (Purchases in 1983 in my mother's name). This has 4 portions. We have rented it to our relative. We have been collecting rent. They have been good tenants for more than 30 years. Now mother passed away. Relatives refuse to pay rent and are not vacating also. What is the legal remedy sir.
Asked 4 years ago in Property Law
Religion: Hindu
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20 Answers
Default in rental payment can be a ground for eviction.
First you people get the property transferred on your names and then authorise anyone among the legal heirs by a POA deed to tackle all such problems related to this property including filing any case before court on behalf of all others.
After that issue a legal notice instructing the relative to vacate the premises or face the consequences through court for eviction.
Then file an eviction suit if the tenant is not vacating or complying with the demands made.
Issue legal notice to tenant to vacate premises for non payment Tod rent
2) file suit for eviction of the tenant
1. file a suit for the eviction of the house,
2. the legal heirs of the registered owner can file the suit,
3. non payment of the rent is a good ground for an eviction suit,
4. you can also add necessity as a ground
1. File a petition for eviction of rent on the ground of bona fide personal use and default in rent.
2. Engage a local lawyer.
Are you paying corporation taxes and electricity's bill on your name for rental portion.
Are you given any rent receipt to them. Now on you require land for your personal business purposes than you can ask. And the tenant if they have any other land or property on their name in the city you can mention that too.
The relative claims to own the property on the basis that they gave some money to my mom (no record and My Mom is a soft hearted person who believed her cousin sister) and on the basis that they live there for more than 14 years (now 35 years). But the Encumberance Certificate till today is in my mother's name only... Does the law support PEOPLE living in the premises for more than 14 years?
Asked 4 years ago
Yes, do support to them, but they need proof for that if you have all mutation papers than we can make your case stronger along with citations orders passed in owners favor.
Require all your details of case date of purchase, living tenant from date, have your mother provided any written rent receipt to them etc so you can prove that how they will be evicted from your house.
See if they fail to pay rent the legal heirs of mother that is owner now can serve a eviction notice citing non payment of rent after demise of your mother and can ask them to vacate the property.
See it was permissive possession they were paying rent they will not become owner of the place by citing 14 years or more .
You can serve eviction notice if on notice they fail a.suit for same can be filed.
1. Giving of money does not translate into transfer of title.
2. Plea of adverse possession can be taken by him if he has been residing continuously for 12 years, but it is very difficult to prove it.
3. File the petition for eviction without any delay.
He can be evicted.
Regards
G.Rajaganapathy
High Court of Madras
It's not 14 years adverse possession is not applicable in every case. You can file eviction suit against them
There is no evidence of any money paid
2) issue her legal notice to vacate the premises
3) if she refuses file eviction suit
4) she cannot claim ownership merely she stated in premises for some years
1. file the eviction suit on the basis of ownership being legal heir of the deceased,
start litigation at earliest before it becomes too late
1. IF the tenant does not pay Rent, THEN he can be evicted, by following due procedures of law and filing an Eviction Suit in the local district Civil Court.
2. Tenant will be able to legally claim "Adverse Possession of more than 12 years", BUT the court will allow possession, BUT will direct him to pay Rent, at the prevailing Circle Rate of the Area.
3. In the Eviction Suit, you can claim need for "Self-Usage Possession" and the court may consider this and issue Eviction Orders to the Tenant. This might be a long legal battle, but you have 100% chance of winning, more so since Tenant has stopped paying Rent.
You (legal heirs of your mother) need to issue notice to your aunt, who is unauthorized occupant for recovery of arrears of rent.
In case if she fails to honour the notice, you can file suit for recovery of arrears of rent, damages and delivery of possession against her.
No tile flows to people living for more than 14 years.
They may come out with any crap reasons without any base.
You should not deter by their such gimmicks.
You can proceed legally against them to evict them through procedures of law as suggested in the earlier posts.
Whether you have made any agreement in writing with your relative? And if your relative is not vacating premises amicably then only option left is to initiate legal process to make him evict the premises
Issue a legal notice through an advocate and file a civil suit of eviction against them and your tenant has to pay rent to you during the pendency of the suit and also file a of criminal breach of trust and cheating case .
Issue a legal notice through an advocate and file a civil suit of eviction against them and your tenant has to pay rent to you during the pendency of the suit and also file a of criminal breach of trust and cheating case .
1. First get the ownership transfer to your name.
2. Then send legal notice to your tenants for eviction from your house due to non payment of rent.
3. Tenants cannot claim the property ownership if they are paying rent even if they stay in property for more than 12 years.
4. Try make them vacate the property without filing the case as it would take years to get vacation orders.
