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Manish Bansal   10 August 2015

Eviction of tenant

My grandfather had given our ground floor on rent to Mr. Raj around 30 years back. There was no legal agreement. Around 2007, Mr. Raj died and his son and daughter in law continued to stay in the property. They stopped paying rent after 2008, which was 1000/- + 500/- for electricity at that time. My grandfather died on 2010. Now we want them to vacate the property but the are not willing to. There is no proof of past rent payments. The house is in miserable condition, and no renovation has been done since many years. I want to take legal steps. Do I have any chance of winning. Please advice me experts..,



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 6 Replies

Anand Bali Adv. (Advocate Solicitor & Consultant)     10 August 2015

Yes!! you do have much chances of winning the case, only if it is pleaded by some good experienced Advocate.

You should file the case for injunction against them showing that

1) Though they were the tenants but are in default because they not have paid and are also not paying the rent on the property.

2) You also can position them as a Licensee since the time of your grand father and after his demice the license has been cancelled so that they should evct the property. ( It only can be taken up where there is no proof of tenancy in his favour).

3) For the urgent repaires and maintenance also the property can be evicted by the tenant however again his right to reside can not be cancelled.

4) For the own needs also a landlord can get equatted the property where he is not having his other property for the purposes.

As per my opinion if the possession of other party can be termed as with the only residing rights by way of the License that will be much on good footing rather than his footing as a tenant. For further legal advise you can either call me or visit my office in person along with your all legal documents.

 

Manish Bansal   10 August 2015

Thank you so much sir for this brilliant advice.. I really appreciate your time and expertise. But sir it would be really gracious of you to please elaborate on the subject matter of ' Residing rights by way of licence'. Google just does not seem to contain enough of everything.  I live in Siliguri. I request you with all heart to please guide me with a road map as to how can I proceed with this case.

Anxiously waiting...

Manish Bansal   10 August 2015

The only proof of tenancy that we have is an old copy which states as— 'Received a sum of Rs. 1500/- from Mr. Raj as rent and electricity payment for the month of XYZ', signed by my grandfather and Mr Raj himself.. Written and signed every month.

Does this form a sufficient evidence.?

P.S.: This copy is with us now and our tenans have no proof of tenancy. Nothing whatsoever..

Kishor Mehta (CEO)     10 August 2015

Manish Bansal   10 August 2015

It is West Benga,l Sir....

T. Kalaiselvan, Advocate (Advocate)     16 August 2015

The property belongs to your grandfather, so any claim for the property can be made only by his legal heirs and not by grandchildren. Your father and his siblings have to jointly issues a legal notice to the tenant to vacate the property for default in rental payment as well as for renovating  the property which is in almost dilapidated condition.  Even one of the legal heirs can issue the notice but should mention that the same is being issued on behalf of other heirs too. 

You may consult a local lawyer who will guide you properly on all further issues instead of searching for solutions in google and get confused or misguided.


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