• Eviction of occupants on our property - Nainital (Uttarakhand)

Dear Panel, 

It will be great to have some valuable recommendations on a property issue which we own in our native town of Nainital (Uttarakhand);This is an issue which we have been tackling for a while.

This goes back to a few decades when our mother’s Grandmother had give a portion of our house (which includes residential rooms and shop) to a needy couple with a verbal promise that this needy couple will have to vacate when Grandmother orders to.

Hence they stayed on the property but always cried when they were asked to pay rent and stated that they were too poor to pay rent for their stay, Hence on grounds of Goodwill gesture from our Mother's Grandmother, they were allowed to stay in the designated portion of our property.

As time ticked along, our mother's Grandmother passed away and this couple expanded their family as they resided in this part of our property. However not even a single time they offered to pay rent for them residing in our property.

After our mother's Grandmother’s demise, her son – My mother’s maternal uncle took over the property’s matter and often persuaded and asked them to think on leaving the premise as our family was growing and we had to expand the property.

However these occupants used dilly dally tactics on all occasions and my mother's Uncle was far too kind to continue giving them shelter.

Now this property has been passed onto my Mother and is held under her name and we would like to get these Occupants (who do not pay rent and neither vacate) evicted.

Very recently I re-initiated the discussions with the left over occupants again and asked them to leave in 3 months time since we would like to expand the property and repair it for our use as we need space. 

I even mentioned that I am willing to provide some financial assistance if needed however the occupant once again deferred this by stating that they will only leave once their son gets settled which make take an undefined period of time.

 I would like to know on how such Occupants who have not paid rent for decades can be evicted without delaying the process any further.

Thanks in advance,
Mr Pande
Email: [deleted]
Asked 4 months ago in Property Law
Religion: Hindu

7 answers received in 1 day.

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9 Answers

Issue them legal notice to vacate the property 

 

2) if the occupants refuse to vacate file suit for eviction 

 

3) they cannot claim tenancy rights as they have not paid any rents and do not have any rental receipts 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

You can file a petition in court having the jurisdiction under rent & eviction act for the eviction of the said occupants. For faster relief, this will be the best option but you have to manipulate and hide some things. 

Nikhil Gupta
Advocate, Yamunanagar
98 Answers
1 Consultation

4.0 on 5.0

Since these people are unauthorised occupants in the premises and have been intimated time and again to vacate the property, as they have been very evasive in this issue since beginning, it would be better that you file a suit for ejection to eject the illegal and unauthorised occupants from your property.

You may have to initiate an action in this regard very expeditiously without any more delay.

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

Eviction proceedings is only way. Delay can't be avoided unless settlement happens

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

- Since this portion of the property was granted by your mothers mother without any monetary gain and not permanently , then legally that person will be considered as a Licensee . 

- Further, as this property is now in the name of your mother , then after her demise , you being the legal heir can take legal action for the evicting them

- You can send a legal notice to them for evicting the portion , and if no response then file a Mandatory Injunction suit before the court. 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

Hello Mr. Pande,


There is some confusion as to the status of the occupants. Your summary gives the impression that there was an expectation of rent, which would make them tenants as opposed to occupants in permissive possession. 

If the occupants are tenants, your remedy is either to file a suit for recovery of possession after termination of tenancy as per the Transfer or Property Act or an eviction petition under the local rent-control statute (depending on the amount of monthly rent).

 

If these occupants were put into permissive possession of the property without any expectation of rent, you will need to bring a suit for recovery of possession against the occupants. 

In all likelihood, these occupants will take the plea of adverse possession. 

I will need the exact facts of your case to give you a more definitive answer.

 

Hope that answers your question for now. Follow-up queries welcome.

Pulkit Chandna
Advocate, New Delhi
205 Answers
5 Consultations

4.9 on 5.0

1. You shall have tp file an eviction suit against them.

 

2. You can not call then trespassers for werly eviction since they are in your property for ages.

 

3. Be prepared that they might file application praying for title of their portion of the property under their possession on the ground of adverse possession.

Krishna Kishore Ganguly
Advocate, Kolkata
26800 Answers
726 Consultations

5.0 on 5.0

The first thing you can do is send a notice to the people living on your property regarding the eviction. To do so, you will have to file an eviction notice in a court under the suitable jurisdiction stating why you want the property to be vacated (do mention by what time and date you expect them to vacate the property). Even after this if the family is not ready to leave then you can hire a rental property lawyer and file an eviction suit against the people living at your place in a civil court in whose jurisdiction your property falls. As these occupants are living for many years and there is no existence of any agreement this might be a case where interference of court might be necessary.

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

Send them an eviction notice since they have been sitting upon your property as squatters for long.

 

File an eviction suit in case they pay no heed to the legal notice for eviction. 

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

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