• Property disput

Dear sir.
my name is savita ladva my age is 60. We have property in porbnder chhaya gujrat near nagar palika his property has rented out under agreement(.has now expire) we have tenant downstair. my family is settle in Ahmedabad, we have ask our tanant mrs maltiben karia to vacat this property  now she is refusing to go and he also offered but our offer was turn down. she manage to scare my family and saying we need to talk to her vkil. she has camera stall in the house and blackmailing us by saying I will call police etc. please help us or advise  as what to do
Asked 4 months ago in Property Law from United Kingdom
Religion: Hindu
If the tenant is refusing to vacate then only option lies in filing a suit for eviction of tenant on the ground of bona fide requirement.
So engage an advocate, send an eviction notice and after one month file a suit for eviction.
Lodge a police complaint as well against such blackmailing tactics.
Devajyoti Barman
Advocate, Kolkata
5153 Answers
54 Consultations
4.9 on 5.0
Madam
Send a legal notice of eviction demanding her to vecate the rentad premise 
If she refuse to do so file a suit for eviction in the court.
The reason of eviction can be stated in the notice which should be legàl reason under the rent control act.
You can state the reasons of renovation, personal use or non payment of rent or else any violation of the contract between you and the tenant .
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1) issue legal notice to tenant to vacate premises as period of agreement has expired 

2) if tenant refuses to vacate file suit for eviction

3) don't bow down to blackmail tactics
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Take her to court before she files any false complaints .
Don't try to intimidate or force her for eviction by using force other than a legal procedure.
First see if any negotiation is possible.
If not meet the  inspector of the local area police station and ask their help.if they help you that is the best.but if they say it is civil.matter,then your option is to go to court.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
You are at Liberty to sell the property but you may not get the market price as tenant is in possession of the premises 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Dont u worry about police let her go...
U have to understand once agreement been over she has lost the tenancy right on the property.
Was ur agreement properly registered.
U can contact nri cell of gujrat and ask them to vacate ur property.
Shivam Sood
Advocate, Ludhiana
80 Answers
0 Consultations
3.0 on 5.0
Hello,
1) It is pertinent to know how long the property has been rented out and what are the terms and conditions of the said agreement. 

2) Do not be worried about her taking to court or her having installed cctv cameras. You need to take her to court to evict her.

3) Engage a lawyer and send a legal notice to your tenant demanding to vacate the premises as you have bonafide need to use it. 

4) If she does not comply with the notice demand you will have to file an eviction suit to get the tenant vacated.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
Unless you have the vacant possession of the property you will either not be able to sell it or get a market price of the property. So file a suit for eviction on the ground that you require it for your personal use.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Send a legal notice of eviction demanding her to vacate the rented premises andIf she refuse to do so file a suit for eviction in the court. You can also contact police officials and lodge a complaint against her that she is threating you because you are 60 yrs and senior citizen lodge a complaint against her..If you send a legal notice  then the reasons of renovation, personal use of that rented property .good luck
Sapna Seth
Advocate, Chandigarh
18 Answers
0 Consultations
4.0 on 5.0
1. Was it a tenancy agreement or a leave and license agreement?

2. Is she paying the rent regularly?

3. However, since the agreement has already expired, file an eviction suit before the Court for her early eviction,

4. You can sell of the property to any body at a lower price now along with the said unauthorised tenant so that the buyer can file the eviction suit. This option may be acceptable to you since eviction suit takes a long time to be disposed of and it will be difficult for you to pursue the case from abroad.  



Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. Putting camera is not an illegal act, so is the threat to take the offender to Court,

2. Sell of the property to some local person at a cheaper price to get rid of the year long litigation problem.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
You have to file case eviction of the propert before concerned court. Police will not entertain tenant since it is a civil matter.
Lakshmi Kanth
Advocate, Hyderabad
223 Answers
2 Consultations
4.8 on 5.0
my name is savita ladva my age is 60. We have property in porbnder chhaya gujrat near nagar palika his property has rented out under agreement(.has now expire) we have tenant downstair. my family is settle in Ahmedabad, we have ask our tanant mrs maltiben karia to vacat this property  now she is refusing to go and he also offered but our offer was turn down. she manage to scare my family and saying we need to talk to her vkil. she has camera stall in the house and blackmailing us by saying I will call police etc. please help us or advise  as what to do

All the legl heirs of the deceased property owner should combinedly decide to authorise one among themselves to act on behalf of all other legal heirs for collectig rent, to initiate legal action against default tenants and to evict tenants or make fresh agreements etc.

Such an authorised person can issue a legal notice to the arrogant and adamant tenant to vacate the rented premises failing which an eviction suit can be filed in the rent control court.

Police action will not be a remedy to this situation, in fact it will complicate the issue further. 
T Kalaiselvan
Advocate, Vellore
13919 Answers
127 Consultations
5.0 on 5.0
she has put camara and saying that I will take you to court  I want to sell this property pls advice

If you indulge in atrocious or illegal acts gains her then you need to be afraid of her but since you have not done anything that way, what is your fear about her surveillance camera installed in her premises. 
You can issue legal notice to vacate and then file an eviction case without which you cannot sell the property. 
T Kalaiselvan
Advocate, Vellore
13919 Answers
127 Consultations
5.0 on 5.0

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