Evacuation of a tenant and inheritance
The property was purchased by my dad in 1999 (45 cents for Rs 80000) to help those people for their daughters marriage. As my dad was not having any immediate use with the property he allowed the previous owners to stay in the same place without any rent.But the sale deed was legally registered and since 1999 my dad was paying the land tax till 2013.In May 2013 my dad went on a comma and was in that state for four months and died on September 2013.After his death the tenants filed a criminal case against my mother that my dad has lend them money and in lieu of that he has forcibly taken their property and till January 2013 they were giving interest of Rs 4000 per month since then though they don't have any evidence about it.Till now they are staying in the same premises
Can you please tell me what are the legal procedures to be followed to evacuate them?
Asked 2 years ago in Civil Law from Thiruvananthapuram, Kerala
since sale was duly registered so your father was the legal owner of the plot.You give them legal notice to terminate the licence and file eviction suit. so far crim9inal case is concerned , fight the same strongly . Feel free to call.
Advocate, New Delhi
give legal notice and then file suit for eviction
Advocate, New Delhi
1. You have the sale deed in favour of your deceased father to prove your ownership. Issue a lawyer's notice to tenants to vacate the property. If they refuse to do so then file a case for their eviction in court.
2. The criminal case filed against your mother will have to be contested by her on merits. If no evidence of her culpability is forthcoming then she will be set free, whereupon she may sue the tenants for defamation.
1. Contest the false case filed by them fittingly,
2. File an eviction suit against them,
3. You have very good position legally.
1) since your father had purchased property by registered sale deed he was absolute owner of said property .
2)on your father demise your mother and children are legal heirs to the property .
3) issue legal notice to tenants to vacate the property .
4) file suit for eviction
5) criminal case filed against your mother has to be contested on merits