• Tenant more than 30 years without any agreement

We have a property in Pune, which is given to my grandfather for flood rehabilitation. Now there is a tenant who is staying and having possession for more than 30 years without any agreement. My grandfather is passed away in the year 1991. Is there any possibility to evacuate the Tennant? The property is still on my grandfather's name, and the tenant has all the government documents on the same address like Electricity Bill, Aadhar Card, Election Card etc. on the same address.
Asked 5 years ago in Property Law
Religion: Hindu

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16 Answers

Please file Suit for the eviction of tenants under section 16 of Maharashtra Rent Act 1999 for bonafide use of the property. 

You may succeed. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Serve him with a legal notice and than file a suit for eviction against him

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Apply for mutation of property in name of legal heirs 

 

2) if you want premises for personal use and tenant refuses to vacate file eviction suit against tenant 

Ajay Sethi
Advocate, Mumbai
100007 Answers
8163 Consultations

- As per law, a tenant cannot be owner of the property ,even continued in the tenanted premises for longer period , and the status will remain tenant .

- Since, the said property is in the name of your grandfather , then after his death intestate his property would be devolved upon his legal heirs i.e you and other if any. 

- Hence, legally you can evict the said tenant after terminating his tenancy oral agreement. 

- You should send a legal notice after mentioning that after the death of your grandfather this property came into the ownership of yours , and thereby ask the said tenant to evict the premises within one months time. 

- If no response, then file an eviction petition on the ground of arrears of rent and also on bonafide requirement. 

- The said legal documents cannot give the said tenant ownership . 

 

You can connect me via kaanoon.com , if further advise needed. 

Mohammed Shahzad
Advocate, Delhi
15859 Answers
243 Consultations

The legal heirs of your deceased grandfather should join together and issue a legal notice to the tenant to vacate the premises as the proeprty is likely to partitioned among the legal heirs.

If the tenant do not respond or fails to comply with the demands made, the legal heirs can file an eviction suit to evict him by due process of law.

 

T Kalaiselvan
Advocate, Vellore
90210 Answers
2506 Consultations

You need to file eviction suit against him. 

Prashant Nayak
Advocate, Mumbai
34680 Answers
249 Consultations

He is a tenant and will remain a tenant. Send him an eviction notice and ask him to vacate the house as you want it for yourself.

If he does not respond then file a case in the rent tribunal.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. You have to file a suit for eviction against this man in the civil court.

2. He will take the plea of adverse possession but you can repel it.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

You need to claim first your legal heir ship rights on the mutation papers. so get first transferred  all papers on your name. and then can file a eviction suit against tenant.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

the tenant has perfected his title by adverse possession

it is too late in the day for you to initiate any action against him for his eviction

there is no agreement 

and i assume you were not even collecting any rent from him?

if you have been collecting any rent, then there is hope. Otherwise no

Yusuf Rampurawala
Advocate, Mumbai
7930 Answers
79 Consultations

1. YES .... it is possible PROVIDED you prove that said property is now required for "self usage purposes", by your family.

2. For this, the legal heirs will have to be brought on record and will need to file a Civil Court Suit for eviction and possession.  It may be a long battle but it is possible to win.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

IS he not paying the rent ? Do you have any rent receipt or proof that he is in possession of the property as tenant otherwise he will claim ownership on the basis of adverse possession.

File notice of eviction.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Dear Sir,

You are suggested to first get the mutation done in your favour and then ask the tenant to go away for the reason that you need the residence for your own. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

if they stays there freely with nobody claiming to be the owner he will have a right. But if he is regularly paying the rent and there is a proof of the same the tenant cannot claim ownership rights. 

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

Possibility to get the property vacated from tenant as very very low and close to impossible due to period of tenancy and that top without any agreement. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Yes, you can file an ejectment suit 

Swarupananda Neogi
Advocate, Kolkata
2995 Answers
6 Consultations

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