Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Problem with tenant

(Querist) 28 May 2015 This query is : Resolved 
My son-in-law has a house in Kerala which is rented out to a tenant by his parents. Now the property has been partitioned. Now he wanted to sell the property to square up some of his liabilities. A case has been filed by him for eviction as the tenant refuse to vacate.

He asks for 5 years. There is a judgment by Apex Court that tenant can vacate after 5 years PROVIDED THE PROPERTY IS REQUIRED FOR PERSONAL USE by landlord/owner.

The an anticipated problem is that he showed the property to some brokers. But nothing materialised.

I am now dealing with the matter myself. I am a retired senior citizen with no property in Kerala.

In such a situation, I take the route of gift to get the property vacated at the earliest; meaning if the property is gifted to me. Can the act of showing property to some brokers create a negative point for me?

QUERY: can I (in my or own use taking advantage of my my age and gift deed.

Thanks and regards experts.
Anirudh (Expert) 28 May 2015
I think you are not an Advocate.

If that be so, how can you represent the matter yourself on behalf of your son-in-law?

V.N.K. MENON (Querist) 28 May 2015
Ld. . Mr. Anirudh,

1) The apex court had recognised representation by way of Power of Attorney. The question is NOT representing my son-in-law, but

2) The crux of the matter is [AT THIS STAGE] whether taking route of gift; i.e. if he gifts the property to me a senior citizen 63+, and I want the property for own use as I have no place to live in rest of life; does it carry more weight and chances of vacating the premises early are bright. The act of his having approached some brokers ealier for selling the property, will it have a a negative impact in taking gift route as stated.
Anirudh (Expert) 03 June 2015
I am not convinced about point (1) above. For you item (1) may not be an issue. But once you are in this Forum, while addressing your query, I feel it my responsibility to touch upon every aspect of the query.

The Power of Attorney will enable you to sign the papers on behalf of your son-in-law. But that will not permit you to appear before SC and argue the case on behalf of your son-in-law.


It will only prove that the original owner is not in need of the property for himself. The court will see through the ploy. Further more, earlier also you never had accommodation of your own and now also you will continue to remain so. It cannot make any big difference to you.
T. Kalaiselvan, Advocate (Expert) 04 June 2015
I think I have to agree to the valid observation made by expert Mr. Anirudh on the points raised by you.
However, in my opinion, if you would like to adopt the route you have suggested, then you may have to instruct your son in law to withdraw the suit, execute a registered gift deed in your name, after that you may file an eviction suit on the lines you have proposed for whatever worth it is.
V.N.K. MENON (Querist) 05 June 2015
thak u mr kalaiselvan & other experts


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :