Auctioning of things belonging to tenant
My tenant was on rent agreement for 11 months. After 7 months he left for native place and locked my flat with his belongings lying in the flat.
I approached competent authority (for leave & license cases) and got my flat vacant with sealing his belongings in one room of the same flat.
Now 2 years have passed after this action but the tenant has not turned up to collect his belongings. Due to this I am not able to use or sell my flat which has one room locked (sealed by court).
I want his belongings to be auctioned so that I can get rid of his belongings and have my flat cleared.
I approached the court (competent authority) for auctioning the belongings, but the court is not ready to hear my case and their version is that "they have no authority to auction the belongings".
I approached to some different lawyers but they are not clear on how to deal this case and in which court.
Please guide me in this matter so that I can approach the right court for justice.
Asked in Property Law from Virar, Maharashtra
1) issue legal notice to tenant to collect his belongings lying in your flat
2) if he refuses to collect his belonings then you have to approach civil court and obtain permission to sell his belongings and deposit sale proceeds in court
1. You ca not auction his articles nor the court is going to give you permission for this.Only the secured creditor to recover loan amount is permitted to auction the proeprty of borrower to recover loan amount.
2.You can however inform the local police about this incident, then remove the articles to some safe place and then take possession of the tenanted flat.
3.So you have to do as advised above.
If there is a court order to evict him ,it also means his belongings in the house. But you have no right to auction them .
Do you have an address of him which he had given at the time of the agreement.c inform th address and you can send him the belongings .if in case it returns dispose them off after making a news paper publication calling him/or his heirs /attorney to collect his things ,with a stament that the things shall be disposed in 30 days time.
You should have got a direction of disposing the things from the court with the eviction order.
1) The Tenant locked my flat and left for his native, keeping his belongings in the flat and stopped paying the rent. After that he did not returned back.
2) In starting he replied my calls and promised to come back but he didn’t. After passage of around one year he stopped receiving my calls and put them on call barring.
3) I approached lawyer nearby me and they suggested that a Special court at MMRDA building 5th floor looks after the Leave and License cases and I filed my case there.
4) After receiving decree from the court, the possession of flat was handed over to me after collecting his all belongings in one room and sealed by court after preparing panchnama.
5) Since then his belongings kept in a sealed room of my flat and I am not able to use the flat in normal way. I also cannot sell my flat as one room is sealed and occupied by his belongings.
6) I had issued legal notice to the tenant to collect his belongings but he did not turned up.
7) I filed an application to the same court for obtaining permission to sell his belongings and deposit sale proceeds in court but the court says that the permission to sell the tenant’s belongings cannot be passed by this court, neither they suggest the further action.
Sir/ Madam, please guide me, Which court I should approach, so that the belongings of tenant be removed from my house and my property become usable and sellable.
The Question is that in which court I should file my application and with what ground, Pl suggest.
Asked 5 months ago
since special court has by order mentioned that permission to sell his belonings and deposit sale proceeds in court cannot be passed by special court delaing with leave and licence cases your remedy would be to file application before district civil court
If court has sealed the property then you my not be able to sell the property
If the property only has been sealed then you have no option than to file a petition before the court seeking its permission to deposit the same before court to be kept in its custody alternately granting you permission to deposit the same with the official receiver or the court to auction the unclaimed property as per provisions of law, owing to the difficulties you have to face for maintaining third parties properties under your custody. If the court dismisses your petition you may prefer an appeal against it before the appellate court to allow the appellate curt to form a decision about this.
Some action is to be taken at on stage to solve the issue.
You should have sought the court's direction to de-seal or break the seal kept on that one room by accepting the properties lying in it under court custody and permit you to deposit the same before court.
You have no rights to sell third party's property hence your application was rejected.
Now you can decide what can be done i.e., either a fresh petition before court for court custody of the properties or to prefer an appeal.