Tenant vacate the premises
V.N.K. MENON
(Querist) 28 May 2015
This query is : Resolved
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RE-SENT MODIFIED, THINKING THAT EARLIER ONE DID NOT REACH L/c.
My son-in-law has a house in Kerala which was rented out by his parents. They are no more now.
He wanted to sell the property to square up some of his obligations. Notice was sent to tenant. He refused to vacate. Case was filed by him for own use. The fact that he had shown the property to some brokers will create some impediment in his plea of "own use"?
PROBLEM: Tenant asks for 5 years. There is an Apex court judgment giving 5 years to tenant PROVIDED THE PROPERTY IS FOR PERSONAL USE in another case and general directions.
QUERY: I am now dealing with the case. I am a senior citizen with no property in Kerala to live in. I cannot live in Delhi due to acute air pollution and is asthmatic due to advanced age. CAN i TAKE THE ROUTE OF GIFT DEED IN MY FAVOUR IN ORDER TO GET THE PROPERTY VACATED AT THE EARLIEST. Please examine what are the pros and cons and suggested course of action.
Thanks and regards experts.
Devajyoti Barman
(Expert) 28 May 2015
Even after gifting the property to you the you can not sue the same unless and until the tenant vacates the property.
If he does not then you have to file suit for eviction on the ground that you require the property for your personal use.
Rajendra K Goyal
(Expert) 01 June 2015
If the tenant is ready to vacate the property in five years and is ready for the court decree in this regard, that would be better.
T. Kalaiselvan, Advocate
(Expert) 05 June 2015
Your same query repeated in another thread was addressed and opined very properly by many experts, you may visit that thread for knowing those replies.
