In India, if you want to evict a tenant from a commercial property, you can file an Eviction Suit under the relevant state-specific Rent Control Laws or the Transfer of Property Act, 1882. Here are some key points to consider:
Eviction Suit Timeline:
The timeline for filing an Eviction Suit can vary depending on several factors, including court procedures and the specific circumstances of your case.
Generally, it's advisable to start the process as soon as possible, especially if the tenant is in unauthorized possession of the property after the lease has expired.
The specific timeline for your case can be provided by a legal expert who is familiar with local court procedures.
Cost of Filing an Eviction Suit:
The cost of filing an Eviction Suit may include court fees, legal fees, and other incidental expenses.
The exact cost can vary based on the property's value and location and the lawyer's fees. It's best to consult with a lawyer for a precise estimate.
Validity of Email Notices:
Indian courts generally prefer physical service of notices as opposed to electronic means like email. However, laws and practices may evolve over time.
While email notices may not be considered a valid method of service in most cases, you can still use them as supplementary evidence to show that you attempted to inform the tenant about the eviction.
Consult with a legal expert to understand if there have been any recent developments in the acceptance of email notices in your jurisdiction.
Establishing Service When Notices Are Returned:
If notices served by Speed Post are returned undelivered, you should retain these returned notices as evidence of your attempt to serve them.
You can also consider alternative methods of service, such as publishing notice in local newspapers or affixing the notice to a conspicuous part of the property, with court permission.
Consult with a lawyer to explore the best course of action in your specific situation.
To proceed with an Eviction Suit, you should engage a local lawyer who specializes in property and real estate matters. They will guide you through the legal process, help you draft the necessary legal documents, and represent you in court if required