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p joshi (officer)     19 July 2014

Acquring property back from dead tenant

I have a property in Gujarat which consists of two flats with common bathroom and toilet facility. One flat had tenants where the man died and soon afterward the wife was taken by her grown up son to live in US where she died about 3 years ago.  The son is holding the key and saying if we want the property then to give him somewhere to put their old household items . He is reluctant to let go even though he comes to india every 6 or 7 years and stays perhaps of two hours or less in the empty flat.

The other flat had tenants whose grown up children live far from the flat in the same city.  His wife died  a few years ago and the man died two weeks ago. The man had been occasionally using the flat but he spent his last few months with one son .

Since the original tenants have died and there was never a written contract with any of them and since their grown up children have their own places to live , how can i acquire the property ?

They pay very irregularly rent which they deposit directly into bank account set up for their rent.  This means sometimes after 18 months and sometimes after 2 years.

 

Please advice on legal and safe way to acquire this with least hassle.

PJ



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 4 Replies

naveenraj jain (proprietor)     19 July 2014

There are two aspects. One if there is no written how contract with respect to tenants did you let it for rent. Two If you accept them as tenants file a eviction suit. Whether you are paying property tax uptodate

naveenraj jain (proprietor)     19 July 2014

There are two aspects. One if there is no written contract with respect to tenants how did you let it for rent. Two If you accept them as tenants file a eviction suit. Whether you are paying property tax uptodate

T. Kalaiselvan, Advocate (Advocate)     19 July 2014

First issue a legal notice to the occupants stating that they are no more tenants in the flats as the original tenant passed away long back and also there is default in payment of rent after the demise of the original tenant, based on their reply, you may proceed with a suit for eviction.  Consult a local lawyer.

p joshi (officer)     23 July 2014

Thanks you so much for your advice . 

There was no written contract and the tenancy was give on faith that they will evict if we ever want the possession back.  Tenant whose wife died in USA  had occupied the flat for over 37 years.  No contract only gentlemans's  agreement.

The tenant who recently died started as a paying guest for older tenant who moved out and this new guy moved in as tenant and continued paying rent .  This was 47 years ago when he moved in as a young single man.  No contract with him nor the previous tenant was ever created nor signed.. It was all agreement  on word of mouth.

Anyway I will seek advice from lawyers and see how far I get .  Dropping any letter into the flats will mean they will not get picked up by families of dead tenants .  If they fail to attend the court then will that be allowed to get judgement in my favour since they are not able to  present their case.

I don't know the adresses of any grown up children of one tenant and know only one phone number of USA guy.


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