• Eviction of tenant without lease/agreement

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.
Asked 3 years ago in Property Law
Religion: Hindu

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21 Answers

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 

Ajay Sethi
Advocate, Mumbai
94714 Answers
7530 Consultations

5.0 on 5.0

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.

 

 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

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.

Shashidhar S. Sastry
Advocate, Bangalore
5115 Answers
314 Consultations

5.0 on 5.0

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. 

Sanjeev Gupta
Advocate, Delhi
117 Answers
1 Consultation

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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. 

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

- 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 . 

Mohammed Shahzad
Advocate, Delhi
13219 Answers
198 Consultations

5.0 on 5.0

File a police complaint against all of them for encroachment 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Hello,

  1. You must send them notice of eviction stating  boafide need of the premises for for your own use.. Tenancy over a long period of time and where the tenants do not have any alternate options or means for accommodation would mean a tough and long drawn battle for eviction.
  2. If they still  refuse to vacate despite the legal notice, you have no other option than to file for eviction, an eviction suit in a civil court.You must be prepared for litigation that can run for many years.
  3. Alternately, if you are looking to avoid litigation, you may engage into negotiations and work out a compensation for vacating. You may engage credible mediators on your behalf for the same.

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

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.

Raj Kumar Mishra
Advocate, Allahabad
172 Answers
2 Consultations

4.5 on 5.0

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.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

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. 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

You need to settle with them or file eviction suit against them

Prashant Nayak
Advocate, Mumbai
31949 Answers
179 Consultations

4.1 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
84915 Answers
2195 Consultations

5.0 on 5.0

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.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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

Yusuf Rampurawala
Advocate, Mumbai
7510 Answers
79 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

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. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the property lies to your name as per law and the will so executed, but tenants are reluctant to follow the ground law of the ownership of the property.
  2. I would like to apprise you that yes you can give the portion of share to anyone you wish but not to all as this is your property and you have all right to take it as you wish to.
  3. But, you may have to look for the rent which they have been paying as if the same is less than the state rent act then there will be one next generation right to be there in your property with increase in rent as per law, but surely not eviction.
  4. So, if the rent is above than the prescribed rent in state rent act then you can get them evicted by following the civil law irrespective of the fact whether there is any agreement or not.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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