he permanent injunction granted in 2017 only restricts you from throwing the tenant out forcibly; it does not grant them a license to live there indefinitely without paying rent. 

2) , you must send a  legal notice giving the tenant 15 days  to vacate, ideally expiring at the end of the tenancy month.also claim  arrears of rent. 

3) if tenant fails to pay arrears within 15 days of receipt of notice file eviction suit 

4) Under the Limitation Act, you can only legally recover past arrears of rent for the last 3 years from the date you file the suit. Any rent owed before that is legally barred by time.

You can definitely ask the court to grant mesne profits from the date the notice period expired until the day the tenant actually hands over the physical possession.

The injunction likely protects him from forcible or illegal dispossession, but it doesn't grant him a lifetime right to live there for free.

You can  send a legal notice. Since the written agreement has expired and the tenancy has continued, it is considered a "Tenancy at Will" or a month-to-month lease under the Transfer of Property Act. As per Section 106 of the Transfer of Property Act, you need to provide a 15-day notice to vacate.

Since there is no active registered lease, the tenant loses the contractual right to stay. The notice effectively terminates the "landlord-tenant" relationship, turning him into an "unauthorized occupant" if he stays past the deadline.

Once the notice period expires and he hasn't moved, you can file an Eviction Suit.The 2017 permanent injunction  states that  you cannot throw him out without following the due process of law. By filing an eviction suit, you are following that "due process." The injunction does not prevent a court from ordering a legal eviction based on non-payment of rent or expiry of lease.

 Dear Client, 

You can proceed however, the 2017 permanent injunction is the key obstacle. If the injunction is still subsisting, it must be respected until vacated or set aside, otherwise the court can act for breach of injunction. A landlord can terminate the lease and sue for possession, but if a special state rent control law applies, the procedure and ground may be different and is such case, transfer of property act may not be a decisive step. Under the TPA, a lease ends by efflux off time and if the tenancy is for any purpose where there is no contrary contract, it is treated as a month to month lease. If the tenant stays on after expiry and you accept the rent, it can create holding over and renew the tenancy depending upon purpose over time. So send a termination notice. A 21 day notice for a non-agricultural, non-manufacturing tenancy, if the property is covered by the state rent act, may not be enough and need may arise to sue under the special law. If the fixed term ended years ago and no rent has been accepted, you may argue the lease has already determined by expiry and that the occupant is unauthorised. On arrears, the rent are normally limited to 3 years from when each instalment became due. So you can claim only live rent arrears, not the full 10 years unless there are acknowledgments or other facts that extend limitation. You can also claim mesne profits or damages for use and occupation after the tenancy ends. So issue a proper notice, make sure not to accept any post expiry rent and if the tenant still refuses, file the possession suit with the profits. 

I hope this helps. In case of any further queries, please do reach out to us. 

Thank You.

Yes you can file an eviction suit against him after sending notice for termination of tenancy. You can also seek arrears of rent from him in the eviction proceedings till he doesn’t vacate the possession 

 permanent injunction granted previously only restricts you from throwing the tenant out forcibly however it does not grant them a license to live there indefinitely without paying rent as per their own will or illegally.

Send the tenants a legal notice demanding the pending outstanding rent, failure of which would let them to vocate the said property

- As per law , in the absence of a tenancy agreement , the tenancy is considered as month to month basis , and the tenant is bound to pay the rent regularly without any delay , otherwise the landlord has right to evict him legally. 

- You can send a legal notice for the termination of the tenancy on the ground of arrears of rent and also ask for the payment of the arrears of rent as well. 

- Further, as he has taken the stay order for the Court , then on this ground he cannot evade from paying the rent , as non -payment of rent is a ground for eviction . 

- Further, you can file an eviction petition before the Court for eviction and to claim the arrears of rent with interest. 

Yes you can. Why was the injunction not challenged and vacated? If complete details are shared, then would be in a better position to advise you step by step procedure. 

Thanks

Adv. Raj 

Your mother can seek expedited hearing of eviction suit as she is a senior citizen 

mother is at liberty to execute gift deed .once gift deed is executed by her sister mother is absolute owner of propery 

enclose her medical certificate that she is mentally fit 

Medical certificate should be enclosed to gift deed 

No the gift deed has no problem. No the distant relatives can’t object to the gift deed now

1. No one has any right to the property (distant relatives or cousins)

2. Yes your mother can gift the property to you while the case is still pending, 

Thanks

Adv. Raj

Hyderabad 

You can get the property transferred to you from your mother by she executing a registered gift  settlement deed in your favor. The injunction in force cannot restrict her from transferring the property to your name.

After that you issue a legal notice to the tenant stating that his tenancy expired on so and so date whereas he is still remaining in the property without any authority including payment of rent.

Non payment of rent is considered as wilful default hence he is likely to be evicted on this ground itself.

By giving him time say one month or so, you can initiate legal proceedings by filing an eviction suit on the same grounds and follow it up vigorously.

 As your mausi had transferred the property to your mother's name around two decades ago and there was no claim by anyone so far, you don't have to be concerned about it at this stage because any claim at this stage is not legally maintainable or tenable. 

- As per law , if a gift deed is registered then it cannot be cancelled without a court order 

- Since, your mousi already died then it cannot be cancelled by her any relation as that property was her self acquired property. 

- Further, then tenant cannot challenge the ownership of his landlord , and hence he is bound to evict from the property.