Hi, if the owner wanted evict the tenant from his property he has to file suit for eviction and owner has to issue legal notice under section 106 of the Transfer of Property act.
Acts & regulation applicable to Bedhakal/Eviction/no relation
Hi Wanted to know which Clause, act, rules & regulation are applicable for the bedhakal/eviction from property. Also where in the act is mentioned that public notice should be published in the English & hindi newspaper. Can u please share some classic supreme court/high court decisions related to the bedhakal public notices. What is the legal validity of the bedhakal notices and on what ground the same can be challenged. Regards Anoop Singhal
Asked 9 years ago in Property Law
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6 Answers
1. You have not given details of your problem to advise you properly,
2. has some one trespassed into your property? Or somebody is not leaving your property after his terms to stay therein as per agreememt with you is over?
3. However, Eviction Suit has to be filed before the Court which normally takes long time,
4. If someone has forcibly trespassed in to your property, criminal complaint before the local police is suggested,
5. Engage a local lawyer having expertise in the field to handle your matter,
6. There is no important/landmark Supre Court/High Court decision, to my limited knowledge, regarding Bedhakal public notices, as asked by you,
7. With this notice you can challenge any future sale of the occupied area to any third party.
You can issue notice under section 106 of TP Act. You can file an application for eviction under section 11 of rent control act. You can use various grounds. To let you know Supreme Court decision state on which ground you need
1) Bedakhal means to disown from property . in order to inform the public at large not to deal with such person public notice is necessary in local newspapers .
2)in ancestral property you cannot bedakhal a legal heir . however in respect of self acquired property you can bedakhal your legal heirs .
4) it is better to make a will disinheriting said person from any share in the property .
5) it can be challenged on grounds that person was not mentally fit at time of publication of notice. was done under undue influence
1 eviction of a person from property can be done by filing petition in rent controller court under rent control act where it is applicable as per rent amount.
2.eviction of a person from property can also be done by filing possession suit in civil court under civil laws.
3.when after filing petition / suit in court defendant refuses its service then on application of plaintiff under order 5 rule 20 of cpc court order service of defandant in 2 leading newspapers of that area.
4.similarly parents can bedakhal / disown their son/ daughter from property by giving public notice in 2 leading newspapers of that area in hindi and english.
5.bedakhal notices are legally valid unless based on untrue facts or given under pressure of other person.
6.such bedakhal notices can be challenged in court when based on untrue facts or given under pressure of other person.
7. ur query is academic one and thus state facts of case, if pending in court to get proper reply.
1. Eviction from a property is governed by the rent control laws. Bedakhali (disowning) and eviction are two different legal concepts. Bedakhali (disownment) does not necessarily have to be in relation to the property. It can also be for anything else. The publication of disowning is required to caution the general public to not to deal with the disowned person in respect of the subject matter of disownment.
2. Bedakhali (disownment) notice cannot oust the indefeasible legal rights of the disowned individual in the property. A right which has expressly been conferred by the law cannot be abrogated by publishing a disownment notice. For ex. If A has a share in the ancestral property on his parental side, his share cannot be curtailed or abrogated by publishing a disownment notice. Where property is the subject matter of disownment notice it is issued in respect of the self acquired property.
3. A disownment notice does not serve to oust the proprietary rights of a person under any circumstances. In the absence of a will made by a father excluding his son from having a share in his self acquired property, a disownment notice is a waste paper. It has no legal value attached thereto. Hence, a disownment notice itself need not to be challenged in a court of law as no publication in a newspaper creates or diminishes a right, title or interest in the property, albeit a declaration may be sought from the court in respect of the legally enforceable right perceived to be curtailed/abrogated by the notice.
