MY grandfather unknowingly had given rent to a BAR in our place. Its more than 3 years now. The BAR seems to be a small wine shop kind of thing where people use to come, stand drink and go which can be easily visualized by pedestrian. If that is the case then it’s ok. But they will create havoc at night sitting in the floors, doing toilet, shouting and polluting all around the place and throwing the empty bottle/canes. The Bar owner sits somewhere and he had appointed someone to look after the Bar. There is no trace that we can vacate them. The property still lies under the name of my grandfather who had expired and the property is looked after by my father. Any suggestion to vacate them is please welcome.
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1) on your grand father demise your grad mother . your father and his siblings would be legal heirs
2) apply for mutation of propery in name of legal heirs
3) issue legal notice and file suit for eviction against the tenant if he fails to vacate the premises
Hi, your father become the absolute owner of the property by virtue of succession.
2. Your father can vacate the bar filling a suit before the court.
3. First you have to issue a legal notice under section 106 of the Transfer of property act ask them to vacate the property with in 15 days and if they fail to vacate the property then you have to file a suit for ejectment before the court.
The landlord can always file a suit for eviction on the ground of bona fide requirement as per provision of local rent Act.
In your case your father being the legal heir of the original landlord(grand father) can file a suit for eviction.
Against the nuisances he can lodge complaint with police as well.
Meet a local lawyer and send the Bar owner eviction notice and thereafter file suit for eviction.
The sole surviving legal heir or any of the legal heirs (in case there are more than one) of your grandfather can file a suit for eviction of the tenant i.e bar on the ground that you require the premises for your personal use. Needless to add, the tenant will be given the opportunity to contest your case.
Short of eviction, you can also seek injunction against the bar to prevent it from causing nuisance to you.
You have not stated that whether the accommodation was let out on simple rental basis or on lease agreement basis?
If rental agreement whether the same is renewed upto date and the rental agreement is active as on the date?
If lease agreement, for how many years?,What were the conditions of lease? When is the leas period expiring?
If the rental/lease period is expiring shortly, you may wait till the last moment or as per the condition you may give notice to vacate before expiry sharply on the date of expiry failing which you may file an eviction suit.
For nuisances if any you may lodge a police complaint against the bar owner.
Mr.Pradeep.It is un-divided property and my grandfather have 4 son and 2 daughter. But still my father looks after the rent and pays the property tax. It has become worse since the bar owner knows that there is no owner for this property and when we go to ask any thing he simply denies saying "please call the land owner" and both of my grandfather and grandmother had expired .Hence the has caused there is no landlord of this property. There is also a dilemma that no sons or daughter is interested in transferring the Katha as everyone have their own plan of selling the property. We are not interested in selling this property and want just to vacate this bar .Can u please advice what could be our next action plan.
1) on your grand father demise your father has one sixth share in property .
2) all the legal heirs can file suit for eviction of the tenant
Hi, as per law any co-owner can file a suit for ejectment, your father become the co-owner of the property after the death of your grand parents so he can file a suit for ejectment.
2. First issue notice and thereafter you can proceed further for ejectment.
How is there no owner? You have stated that the 'property lies under my grandfather's name', so he was the owner. After his demise the ownership passed to his heirs i,e his widow and children. If your father is the sole surviving heir then he is now the landlord who is competent to file for the eviction of tenant.
Under the given situation, your father can file a partition suit as a legal heir to the deceased seeking separate possession of rightful and legitimate share in the intestate property left behind by his father.
Your father can offer to buy the share of his willing siblings who would settle the issues in his favor for a consideration agreed mutually.
The uninterested and unwilling share holders cannot be compelled to go for a joint action plan for getting a joint Khatha or joint holding too.
The next best thing is by filing a partition suit and seek relief.