• 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 19 days ago in Property Law from Virar, Maharashtra
Religion: Hindu
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 
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
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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.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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Hi
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.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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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 
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
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. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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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. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

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