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 2 years ago in Property Law from Kolkata, West Bengal
Oops sorry !! I forgot to mention the main thing also dat my father had filed tittle suit against him after giving final notice he replied bt nt appeared in court
Asked 2 years ago
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
You have not mentioned what orders were passed by court in title suit filed by your father
What is the stage of said suit ?
He had just filed the suit no order came bcoz jus 2or3date has passed by waiting of said person neither he nor his advocate came to the court yet
Asked 2 years ago
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.
Court can grant exparte orders in your favour if tenant son fails to appear in court or engage a lawyer
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.
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.
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.
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.
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.
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.
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.