You cannot evict the tenants forcibly
2) you can issue notice for eviction if they have failed to pay rentals
3) file suit for eviction against tenants
Hi, I had a property in old town of Gwalior which my late grand-uncle gave me. He had created his will while he was alive and named me the owner of his house after his and his wife death. The house is a kind of old bada where multiple tenants live and I want to sell that house. Me and my father have been asking to these tenants to evict the house for around 5 years and they are simply not doing it. And it is not easy to talk to these tenants as they start abusing us whenever we ask them to leave. We have decided to give some part to one of the tenant as he is staying there for a long and his family was helpful to my grand uncle and his family. But the other tenants are simply abhorrent. I am looking for legal advice to see what are my options.
You cannot evict the tenants forcibly
2) you can issue notice for eviction if they have failed to pay rentals
3) file suit for eviction against tenants
You should file case against the tenants under the The M.P. Accommodation Control Act, 1961 for which you would have to show your bonafide requirement to get an order of eviction.
If the tenants are not paying rent then that can be made as a ground for eviction too.
File suit of eviction. Send legal notice first.
And you can sell the property without eviction if prospective buyer ready to buy and undertake eviction.
Request to vacate will serve no purpose, waste of time. So either settle by some gratification or suit of eviction.
1. Send a legal notice to each one of the tenants to leave the place or else legal action is forthcoming.
2. If there's no response, file a suit in the jurisdictional Civil Court for evicting them stating that you want to demolish the property and construct a house for your self use only.
If is there any agreement of tenancy, till the completion of that agreement you should wait.
If there is no such agreement, you can give one month eviction legal notice. IF still they do not vacate the premise, you can take help from the police or you can file eviction case against them.
1. See based on the rental agreement and tenancy you have to give them eviction notice and further file suit in court for eviction if the tenant fails to leave premises on notice.
2. Also you may offer some settlement amount to tenants to leave premise in case you want them to settle fast.
You can give this property for redevelopment to builder Or you your self construct the building and as per municipal Corporation rule you will get additional FSI for redevelopment of this property according to tenants. Give them permanently flat with 16% additional carpet area in what possession they are leaving now.
You can make redevelopment this property commercials plus residential purpose built up.
If you want I can prepare projection for you and can talk with tenants and perform this new project successful.
- If your granduncle and his wife already died, then legally you become the owner of the said property .
- You should apply for mutation of the said property in your name , and if refused , then probate the said WILL from the court.
- Since, the tenants are not vacating the tenanted premises , then you should send a legal notice of all of them to evict and handover the property to you.
- Further , if no response, then file an Eviction petition before the court .
Hello,
Sure it be possible.... but for this everything is known to us as to whether they live there for a long time or having a lease agreement or they have taken some court's order.
Please contact me if possible.
First you need to issue notice to the tenants asking them to vacate and handover the premises to you..
If they fail to vacate the premises after notice, you need to file suit for eviction, damages and mesne profits.
If the purchaser is ready to take the property in "As is Where is" condition, they you can sell the same to the said purchaser, by transferring the lease of tenants to in favor of the said purchaser.
Dear sir,
Get issued a legal notice demanding the tenant to vacate the premises within a period of one month, otherwise you'll initiate legal proceedings.
If the tenant does not respond, you will have to file an eviction suit. There is no other way to evict.
You can also sell the house with the tenants still there if you happen to find a buyer who can take the responsibility of evicting them himself.
Hope this answer helps.
Best wishes.
If you are the legal owner with clear and marketable title, then you issue a legal notice to all the tenants to vacate the rented premises and deliver vacant possession.
If they dont respond or comply with the demands made, you may file an eviction suit before the rent controller court.
you can evict your tenant only under a due process of law. So issue a notice to tenant to vacate. 15 days notice is sufficient.
you cannot evict the tenants on the mere asking
the tenants are protected by statute
so if you wish to evict them then you will have to follow the statute
and you must have valid legal grounds for their eviction
also merely giving termination notice of tenancy would not suffice
since even if you terminate the tenancy by giving a legal notice, they are still protected under the law
you need to file an eviction suit against the tenants for the grounds as would be mentioned in the applicable statute for the place where the property is situated
1. File a suit for eviction and recovery of possession from them showing them as illegal occupier of the said premises without any agreement.
2. You can also negotiate with a developer to buy the property who will buy it from you to develop it and then negotiate with those occupiers to return possession of those occupied premises after taking some compensation from the Developer.
1. Send them a legal notice for eviction on ground that they are not paying the rents and Building is on the verge of collapsing due to old structure.
2. If they refuse to vacate the premises file eviction suit against your tenants.
An eviction suit must be filed before the rent controller if a valid tenancy agreement exists. Otherwise they should be evicted as you want to sell the property. Necessary orders can be obtained from the court.