I have completed a mutation & now we are fighting a legal ,eviction case against a tenant ,who is sating outside at his own house & outlet the tenanted portion to someone else without my permission , Now court has taken a document ,such as mutation certificate , death certificate of my parents . Is these document is sufficient to proof my self as a landlord/property owner. Or else what more document required to produce?
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What is the process ,after getting decree from court to evict my tenant ,sublet person.
Do Mutation certificate is a sufficient to prove a ownership . I have completed a mutation & now we are fighting a legal ,eviction case against a tenant ,who is sating outside at his own house & outlet the tenanted portion to someone else without my permission , Now court has taken a document ,such as mutation certificate , death certificate of my parents . Is these document is sufficient to proof my self as a landlord/property owner. Or else what more document required to produce?
Hi, you are then owner of the property and mutation certificate speaks about your ownership so other documents are not required to prove your ownership.
2. Once you get the decree form the court then you have to file a execution petition and then with the help of the police you have evict the tenant form your house.
Have you issued rent receipt ever to the tenant. If yes then he can't dispute your status as landlord even in absence of any documentary proof.
Otherwise mutation certificate and death certificate are enough.
Many thanks for your prompt reply, I have never issued any rent receipt, they are paying the portion of rent to the corporation as a occupier tax, Even they are not appearing in the court & it is going to be a ex party , Do they again appeal afterward after Ex-party.
1) tenant cannot sublet the premises without the consent of landowner
2) if tenant has sublet the premises it is a ground for eviction ,
3) mutation certificate is not a document of tile . it is made in revenue records for payment of taxes .
4) if your father had died with a will you would need probate of will
5) if he died intestate then you need letters of administration from court to prove your self as owner of premises
once you obtain an eviction order you have to take execution proceedings to evict your tenant
Now court has taken a document ,such as mutation certificate , death certificate of my parents . Is these document is sufficient to proof my self as a landlord/property owner.
Or else what more document required to produce?
The documentary proofs to prove your title will be sufficient to prove your ownership before the court, besides if you get any proof for sub tenancy, you may produce the same before court.
What is the process ,after getting decree from court to evict my tenant ,sublet person.
You may file an execution petition to evict the tenant and if need be you may even take the help of local police through court order for this eviction.
Do Mutation certificate is a sufficient to prove a ownership .
If the property under dispute (between landlord and tenant), then the original property documents in the name of your parents, along with their death certificates and a legal heir ship certificate, as well as a registered released deed in your favor by other legal heirs of your parents and the certificate of revenue records, besides tax receipts, water tax and electricity connection etc on your name shall b proper and substantial documents to prove your title.
I have never issued any rent receipt, they are paying the portion of rent to the corporation as a occupier tax, Even they are not appearing in the court & it is going to be a ex party , Do they again appeal afterward after Ex-party.
In the absence of any rental agreement it may be considered as tenancy month to month basis.
If they are set exparte and an exparte decree is drawn against them, they need not prefer an appeal, they can file a petition before the same court for restoration or setting aside the exparte decree.
Hi, as per law they can file a necessary application for set aside the ex-party order, but whether they are appear before the court or not we can't say right now.
1. Mutation certificate is not an evidence of title of the property,
2. Registered Title Deed is the proper evidence in support of claim of title of property,
3. Collect the document by which you or your ancestors got the title of the property i.e. sale deed/gift deed/will etc.,
4. If the same is not in your possession, collect it from the local Registrar's office.
1. You have already filed the eviction suit against your tenant and sub-tenant,
2. Collect the copy of the title deed or its certified copy as suggested in my earlier post, to prove your ownership of the property in the said case.
1.No, these documents are not sufficient to prove your title on the property,
2. You shall have to produce title deed to claim ownership of the property as suggested in my earlier post.
Yes, the tenant can appeal before the higher Court challenging the ex-parte order which you shall have to contest fittingly.
Since you are form Kolkata if you could show me the papers I may understand your problem ore precisely and render possible help.
1. The lease deed executed between you and the tenant is sufficient for you to stand on your feet in the court to prove the tenancy and the terms of tenancy. The sub-lease by tenant without the consent of the landlord is a ground for eviction of the lessee.
2. An ex parte can be applied to be set aside by the party. The courts are mostly liberal in allowing the plea to set aside ex parte decrees with costs.
