How to evict a tenant after settlement deal
I have 2 and a half ground land with 2 built in seperate single house one built in 1975 in about 1500 sq feet and other an an annexe building within the same compound in 1995 in about 800 square feet area.Both these house has individual entrances for the ground floor and an upper floor. The problem is with the main(bigger building) I had given my married daughter oral permission to stay with her husband and 13 year old only boy child in the first floor without any agreement written while I am staying in the ground floor of the same building with my wife and my son.I am 85 tears old and my wife 77 years old and my son 53 years old and unmarried.I have an eldest son who is in america and a citizen there.My daughter staying in the first floor is my second child and my last child is the son who is staying with me and my wife.
The small annexe building behind is within the same compound and is rented with a rental lease aggrement both upstairs and down stairs to seperete parties.But I I had not got any written lease aggrement with my daughter when I asked her to stay in the first floor.Now due to Harrasment by my son in law who is an alcoholic I am forced to evict both my daughter and son in law.I met a lawyer and a case was going to be filed in court when my daughter lawyer filed for a caveat and sent us a notice in November 2015 but my lawyer had explained the case in the high court and got a lok adalat hearing.In the first hearing my daughter and son in law did not appear and the sitting judge told my daughters lawyer that they have to vacate the house as the property was mine and not inherited.This was in April 28 this year.After May holiday during the second lok adalat hearing my daughter appeared in court and said that she will not vacate.The sitting judge requested me why am wanting to vacate her and said to solve the issue through amicable way.Mean while I now had made a settlement deed where by the property will be between me,my wife and my last son for life long and then it is for my eldest son.So I have cut off my daughter power in the property which she is disputing that she has a share.The entire property is mine and not inherited.I had made a will earlier but was told later by my lawyer that even a will can be contested and the case will drag on for over 6 to 10 years approximately and so I decided for a settlement deed so that my daughter will be out of any contentions in future regarding her asking for share in property.Now the problem is that my daughter and son in law is adamant and are saying hat under no circumstances they are going to vacate the first floor and leave the house.My lawyer is saying that I had made a mistake by going for a litigation instead I should have filed a FIR with the police with the Maintenance of senior citizens Social and Welfare act in the first place and could have evicted them easily. Any way now my lawyer says that since the case is in court the police will not interfere in asking my daughter to vacate the first floor of the house where she is currently staying since 2007.So I thought that I will ask the tenants to vacate the small annexe back building within the same compound after giving a reasonable 3 months advance notice as per rental lease aggrement and stay in that house.My lawyer is now telling that the annexe building is not in a seperate house technically and if I want to sell the property I have to sell the entire land with both the houses as the water and sewarge tax is not paid seperately for the main and annexe building but is paid as one.Only the EB bills are paid seperately and thats not enough.We have got the main building number address and S block 31 and after having built the annexe building later in 1995 gave the address as as S block 31/1 for postal purpose.
Please give me tips as to how to evict my daughter and son in law staying in the first floor of S block 31.My lawyer is saying that since the matter is in court the
(A)Police cannot be asked for help to evict the tenants
(B)The only option is to fight the case in the high court as its already filed there.
(C)The lok adalay is only for people who compromise on both sides and so in this case since my daughter and son in law does not want to compromise go back to high court Chennai to contest.
(D)Last option is since the settlement deal is now made without the knowledge of my daughter I have technically cut her off from demanding any share in value of property(which is her motive) since the name is in my sons name and my wives name.
(E)If I sell the property to real estate people they will pay a poor price as the matter is in court. I believe that may not happen as the area is a prime city center area in Chennai and Real Estate people are hungry to buy any land and they will break the entire structure both the main and annexe building and make flats.
(F)Is there any way of evicting my daughter and son in law by say asking the tamil nadu electricity board to cut off electricity power for the main building citing that I am the sole owner and its my property and want a house eviction and then move out to a rented flat for a couple of months. If this is possible and done she has to move away.Can she get the electricity connection back if the electricity board cuts off power to the entire building citing some reasons though she is not the owner of the house.
Your valuable advice in this case for my daughter and son in law to evict the house and methods will be appreciated.