• Own our pagadi system property

My Uncle had rented the property to the tenant since more then 40 years. After our family mutual understanding, the tenant is now paying us rent as per Pagadi system. (I'm not sure if its Pagadi system as the agreement dont say it) This agreement was made between my uncle & the tenants father who is no more now & the rent receipts was made under his younger sons name since last 15 years.

Now, he owns his own property and have moved to his house. But, he doesn't want to vacant our property. Property is locked by him and its not been used.

Is there a procedure to get back our property?
Can he keep someone else as tenant in this property? As he is planning to do?
Can we take property forcefully after certain period of time, in case its been keep locked since?
Asked 1 year ago in Property Law from Pune, Maharashtra
Religion: Muslim
1) mutual agreement entered into between family members is not registered

2) un regd agreement is in admissible in evidence 

3) if your uncle name is reflected as the owner of property in property card and he is in possession then your remedy is to file suit for partition to claim your share in property

4)uncle can keep another tenant

5)you cannot take forcible possession 

Ajay Sethi
Advocate, Mumbai
44485 Answers
2586 Consultations

5.0 on 5.0

Dear Concerned

a. Yes you can file an suit for ejection, possession and permanent injunction. 

b. no he can not keep a tenant in the property as he does not have rights for sub letting 

c. Yes you can take it forcefully , subject to you are ready to face a complaint he might file under illegal tresspass, theft etc. Suggested way out is in presence of few neighbors who can stand by your side if needed, get into the house and send all the stuff of his house to his residential address through movers and packers , take the receipt of all the stuff you send through the movers and packers. Once the house in your possession he would not be able to do anything other then filing a suit.  Then you can present these receipts saying all the stuff has been already sent to him. 

Best of luck 
Atulay Nehra
Advocate, Noida
1003 Answers
33 Consultations

4.7 on 5.0

Under what capacity your uncle entered into a rent agreement? What is his right over the property? Do you have any specific document with regard to the right over the property?  If so send a legal notice to the tenant for vacating from the premises. And frame a suit for eviction as per reply  and file it on Civil court
Ajay N S
Advocate, Ernakulam
2758 Answers
44 Consultations

5.0 on 5.0

  Since the tenant is paying the rent regularly he cannot be asked to vacate.
However as observed tha he has moved out to some other place and keeps this house vacant under lock and key, you may quote this reason also as one of the reasons and direct him to vacate the house.  Beides you can mention that you require the property for your own occupation.
In the meantime you can gather the evidence of his new residential premise and other relevant details, for filing an eviction case against him.
Remember that he is just a tenant, and tenant once is always a tenant.                                     
T Kalaiselvan
Advocate, Vellore
34594 Answers
373 Consultations

5.0 on 5.0

1. You have to file a case in the court or the rent controller to evict the tenant on the ground that you require the property for your own personal use. 

2. He cannot induct a sub-tenant without the consent of the landlord.

3. You cannot take the property forcibly. He can be evicted only on court orders.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

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