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(Guest)

Options to vacate ex-wife from parents house

dear members -  we have moved away from city after 498a 3 years back. contested divorce own 6 months back. exwife is living in parents house as didnt want to disturb till 125 is over. came to know that she has rented out the upper portion of the house to bachelor guys. how is this possible to rent out parent's house to someone and she has taken the advance/rent?

one of our lawyer is suggesting to file the case to evict her from house as i have divorce, which he claims will take 6 months to 1 year. is this right option? OR should we just disconnect electricity connection for the house meanwhile? will she be able to file DV case if forced to vacate her? not interested in visiting police station. kindly advise. thanks.



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 9 Replies

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     27 September 2016

Go with Eviction procedure, if house is under your parents case needs to file by them.

P. Venu (Advocate)     27 September 2016

Your parents can file eviction petition. However, it is unlawful to deny essentials like electricity and water.

1 Like

(Guest)

thanks for your suggestion sir. is there any option for speedy trial in court for eviction?

whatnot   27 September 2016

If you do have access to some alternative stay.

Then give them 1 month eviction notice.

 

If they don't vacate start drilling home. Break wall.. Cut off electricity, Water. Start slow renovation...Keep raw materials at home.. Cement, Mud...Make it a paddy field... Bring stray dogs..feed them at home...

 

Live dangerously..

 

They will fal in line..

Then change the lock..

Do the reapirs..

 

Legal bound will take ages..

 


(Guest)

can my mother file DV case on ex-wife? house is in her name

whatnot   27 September 2016

Is an agreement exists between Landlord and Tenant?

 

If nothing exists then tenant is unwanted stranger occupying a private proerty.

 

Vacate forefully. Pay off Police...Change the lock..

 

If you are hesitant, then you will be taken for a ride.

Going legal is opening can of worms

Kumar Doab (FIN)     27 September 2016

First of all downlaod irrefutable veidence.

Gossip,hearsay,rumor is not evidence.

The owner can rent out.

NO one else until has to power vested by owner.

 

 

SAINATH DEVALLA (LEGAL CONSULTANT)     27 September 2016

The suggestion of Sr Adv Venu is apt at this stage and I don't endorse the suggestions of What not, asthey are irrelevant.Hence act wisely for some more time and avoid further complications .

whatnot   27 September 2016

First reply was more a jab at political correctness.

 

Yes. I agree that tenant has rights. But where is agreement?. One cannot claim compensation if they have made dealwith wrong person.

 

Morover property is personal and paid by tax. Eviction only if things legal document exists.

 

If not, tenant just needs to be out of the house pronoto.

 

Sometimes you have use axe for what it's purpose. Swift. clean cut. Refusing to use the sharp end and using it as a club would lead to complications.

 

No agrreement. No tenant. 24 hours notice and rest is fair play.

 


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