Eviction of tenant
My grandfather purchased the property in 1972. He commercialized it. He passed away in 1980 without will.
My father is the whole sole owner of this property after my grandfathers demise (No other heirs).
In 1990, my father has rented out the whole property to a business person for his business without any rental agreement.
He took rent in cash without giving any rent receipt. Also the tenant has not asked for any rent receipt.
In 2020, my father has made a 11 month rental agreement which the tenant has signed.
Upto few months, my father has taken rent in cheque, but later( from oct 2020)
he again started taking rent in cash without providing rent receipt and tenant has not asked for it.
The rental agreement expired on Dec 2020. But he is continuing on property as is. My father is also agreed as he is giving rent as per my father's wish (in cash).
My father has not even asked him to vacate.
Now (Apr 2021), I, my brother and my mother want to vacate the property but the property and the rental agreement is in the name of my father.
1. What can we do now? [My mother is not ready to do any legal proceedings].
2. What will be the proceedings to vacate the property if my father dies?
3. Let's suppose my father dies in 2034 (beyond 12 years of expiry of rental agreement), without renewing the rental agreement and all the situations as is, then will there be any risk to our property. As I mentioned earlier we (except my father) want to get the property vacated as soon as possible.
4. If tenant denies to vacate it (after 2034 and supposing father is died), can we sell the property to someone else.
One thing I would like to mention that we don't have registry document of that property. Althought I confirmed that it is transferred to my father's name by getting a copy of khasra- kishtbandi.