Hi I have recently purchased a residential property in Jaipur, Rajasthan. There is a small shop (general store being run by the tenant) in the said property. For the purpose of understanding the history of property, there are 3 parties involved. Party A who owned the property from (through acquisition from parents after their demise) 1955 onwards. The tenant is on this shop from approx 1960s. Party A sold the whole property with shop to party B and I being party C purchased it in November 2021. Party B was an investor and had no interest in getting the shop vacant as eventually they'll be selling it which they did to me in 2021 as stated. Now i need the whole space for my personal use but om verbal negotiations through the broker, the tenant is not vacating the property. How can i get this sorted. When the first party A sold the property to party B, tenant sent them some kind of a notice( contents of which i am unaware of) and since then as i got to know he is depositing the rent in the court. I have the title deed in my name along with all the chain documents but I do not have any rent agreement that the tenant and party A might have. Non availability of rent agreement is a major concern here as it cannot be traced because whereabouts of party A are not known. Please advice my options here. Regards
You should have insisted on vacant possession before paying the sale consideration amount.
Now since the vendor has already sold the property to you, he may not show any interest to support you or even attempt to vacate the tenant.
The tenant is continuously depositing the rental amount in court hence you cannot hold him as willful defaulter as well.
The legal option before you is to file a suit for eviction before the civil court to vacate him for the reasons you may rely upon.
The building must come under the rent control act and the tenant is living for a very long time period and must be giving a very small amount as rent.
You should have negotiated this issue before purchasing the property but anyways you should ask for the deed/rent agreement/any other document as to his rights over the shop from A. Then file a case against him in the rent control court for eviction.
No issue, in the absence of rent agreement, notice will issue to vacate the shop for bonafide need and eflux of time I.e. expiry of rent agreement.
You need to send eviction notice and then file eviction proceedings against him
The tenant has possession from the year 1960. It's almost 60+ Years. So actually the original owner should have taken concern from tenant while selling the shop.
The old tenant go as per old act the rent controller act.
Better you compromise with tenant as of now and as per latest market value of shop and pay some percentage to tenant for vacant.
Inform tenant that you have purchased property by registered sale deed
ask him to vacate the premises
if he refuses file eviction suit on grounds that you need space for personal use
You need to send a legal notice to the tenant asking him/her to vacate on or before a deadline (say, after 15 days or a month) and on default proceed to file an eviction suit at the proper court.
Dear Client,
As per the facts which have been provided, if there is no rental agreement between you and the tenant and you are the only owner of that property then send a legal notice to the tenant to vacate the property. And if you don't know the reason why he is depositing the rent in the court then try to get the information regarding that.
Hope this clarifies your query and requirement.
Thank you.
