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.
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.
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.
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
- 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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.