Hi Experts - We have a old house which badly needs renovation, we have two shops as well which are attached to the house in the front and forms the part of the said 203 sq yard of our house naksha. These two shops have been are pretty old and rented since almost 30 years or so, but with time these tenants think they are the owners, the shops covers much of the part of house as this was old construction. We want to renovate the house and suggested these tenants that we will reconstruct whole from scratch and give them similar shops in basement rather in front of our renovated home so we can make use of our 203 sq and have a proper big house. Both Shopkeepers have refused to agree to take shops in basement saying they want same as it is now and won't move to basement. My questions are 1) Is there anything we can do legally get this done, seems talking is not working? 2) Also, If we want to get rid of shops completely and just have our house for ourselves is that as well possible legally or because they are 30+ years old shop tenants this isn't possible. Thanks for reading this, appreciate your response on this. Regards, Vishal
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Since shopkeepers have been in possession for 30 years you cannot evict them unless there is default in payment of rent or you require premises for personal use
2) obtain structural engineer certificate that house is in dilapidated condition and should be demolished
3) on basis of said certificate if municipal corporation issued notice to vacate the premises tenant would agree to reconstruction
1. The tenants who are paying peanuts as rent for a property will not agree to relocate to different premises. You have to file a petition for their eviction on the ground of your personal need.
2. The duration of tenancy does not take away or curtail the right of the landlord to seek the eviction of the tenants.
1. Whether they will accept the new shop at the basement of the reconstructed building or not is solely dependent on them. They can not be forced to shift to the other place. You can file an eviction suit for evicting them on acceptable grounds viz., you need those shops for your own use and livelihood etc.
2. Without due process of law like evicting them with Court order, there is no other way to evict them. It is a fact that the law will not permit you to evict them who earns their liveihood from their said two numbers tenanted shops for last 30 years.
1. You can issue an eviction notice to the shopkeepers stating that the entire building is very old and in dilapidated condition deserving to be demolished and reconstructed. The copy of this notice to be endorsed to the local civic authority.
Followed by this you can file an eviction suit on the same ground.
2. After demolition you can very well have it constructed as a residential complex alone instead of combining the commercial shops to it, it is your decision.
Thanks all for kind replies, after your responses it makes me feel there is light at the end of the tunnel. Couple of things below, bit more about property and current tenancy agreement. 1) The tenants pay around 300 Rs for rent for each shop, which is for sure way below normal market rate. We don't seem to have any official agreement between us, they pay rent as cash and my father issues a receipt. 2) I missed to advise, not sure if this makes a difference, I bought another house for myself as investment in same city but on my mothers name will that have any affect on this? But having said that, they can't relocate there as it's still not completely developed the area around and for just two of them it's bit unsafe to move in that kind of location. 3) If above all doesn't cause any issues, and we go via the eviction mode, what kind of time frame would it take roughly as I understand in India all court cases takes years. Thanks for your help on this again. Regards
Eviction suit would take 5 to 10 years to be disposed of
Sell of the house bought in mother name
1. Your buying a property elsewhere in the name of your mother will have no bearing on your eviction suit to be filed against your tenants.
2. Eviction suit will take any thing from 3 to 10 years to be disposed of in an Indian Court normally.
1. Rent receipt proves the relationship of landlord and tenant.
2. The house bought in your mother's name does not curtail your right to seek the eviction for yourself. Landlord is the best judge of his bona fide need.
3. The case will take time but you will be able to evict him if you are on the right side of law.
2) I missed to advise, not sure if this makes a difference, I bought another house for myself as investment in same city but on my mothers name will that have any affect on this? But having said that, they can't relocate there as it's still not completely developed the area around and for just two of them it's bit unsafe to move in that kind of location.
The property on rent can be sought to be vacated for the reason of owner's occupation.
3) If above all doesn't cause any issues, and we go via the eviction mode, what kind of time frame would it take roughly as I understand in India all court cases takes years.
The time taken by court for disposal of the said case cannot be predicted.