• Want my rented property from the son of my tenant after her death

My father is having building in heart of metropolitan city this is our ancestoral property my dad purchased half of my cousin brother in 2006 my issue is dat one of my tenant dead on Feb 2010 his son is residing since her mom alive n we offer him to  transfer ur tenancy he said do it bt I can't give u any amount for name transfer n won't increase rent even he is paying less den cabel (t.v)charge  he started paying rent to rent controller n nw we determined dat we want our place back  bt we had done name between this period  of his neighbor. One more we dnt have any contract n before her mother his grandmother was our tenant bt please help us to gt khaas position of my said room for my divorced sister  thanking u all
Asked 1 year ago in Property Law from Kolkata, West Bengal
Religion: Hindu
1) on death of the father tenancy would be transferred in name of his legal heirs 

2) if you want possession of the flat you have to file suit for eviction on grounds of bonafide requirement as you need the flat to accommodate your divorced sister 
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
You have not mentioned what orders were passed by court in title suit filed by your father 

What is the stage of said suit ? 
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
1. If he is not vacating the property then filing a suit for eviction is only option left.
2. Send him a eviction notice and then file a suit for eviction without local court.
Devajyoti Barman
Advocate, Kolkata
5227 Answers
54 Consultations
4.9 on 5.0
Court can grant exparte orders in your favour if tenant son fails to appear in court or engage a lawyer 


Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
Speak with your lawyer and forward an application to the court for giving an exparte decree of possession and the get the execution done of the decree. Court will help you in taking the posession. 
Atulay Nehra
Advocate, Noida
437 Answers
15 Consultations
4.7 on 5.0
Since you have already taken up the matter with the court, you may have to wait for the outcome of the court proceedings. If the defendant is not appearing before  the court continuously and he is not being represented by an advocate too then your advocate may represent before the court the irresponsible attitude and non-cooperation of the opposite party and seek an exparte order against them. 
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
What had necessitated the filing of the title suit? Did he deny your title to the property? Be that as it may, since the title suit has been filed he cannot be evicted from the property unless the court decides the question of title.

Ashish Davessar
Advocate, Jaipur
18161 Answers
449 Consultations
5.0 on 5.0
1. File eviction suit against him,

2. Eviction suit takes years to be disposed of,

3. Try to negotiate with the tenant for vacating him by paying some compensation.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1. If your father has filed eviction suit, you should carry it on by substituting your name with your father in the said case,

2. If the tenant does not appear before he Court through his lawyer, the suit will be heard ex-parte and order passed in your favour.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1. Now you step in to the shoes of your father being his legal heir by filing a substitution petition,

2. If the eviction suit goes in your favour, file an execution petition for evicting him with police assistance. 
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
Obtain the certified copy of the suit and show it to a lawyer to seek his opinion. Without a threadbare perusal of the suit it is impossible to advise. 
Ashish Davessar
Advocate, Jaipur
18161 Answers
449 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18161 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5227 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
437 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0