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Commercial Property

(Querist) 15 April 2008 This query is : Resolved 
I have a commercial property in south Delhi. It was given to a relative on temporary basis. But we didnt looked at it for last 15 years. But now we are thinking of giving it on rent but he is asking for a huge amount to leave the property as compensation. We have no legal agrement with him. Please help me Know how should I get him out of my property?
Dhruv Kumar Chandwani (Querist) 15 April 2008
all good suggestions are invited
Jithendra.H.J (Expert) 15 April 2008
oh, what you were doing for all these 15 years? do you have any documents pertaining to the permission given to him? before going to the court try to make negotiation if not possible you have to file suit seeking possession of the property. but you have to be care full regarding long possession, it should be with in 12 years. if he sets up adverse possession as his defence if he proves that he is in posession without your permission or with out your consent, you may have to loose your property, law protect the deilgent not the person who sleeps on his right. if your sure that it is not possible for him to prove his possession for 15 years you can move to the court.
Kiran Kumar (Expert) 27 April 2008
well dont prove adverse possession there must be a period of atleast 20 years.

now simplest and most effective advice if can do just use force throw him out and take possession then enter into compromise.....i know its illegal but most effective dose for such people.

if want to pursue with legal remedy prove him to be ur tenant, since u r owner and he is ur relative, u ll be able to prove ur ownership and ur relationship with him.

try to show that u were revcieving rent from him.........but dont worry u ll get ur property back sooner or later.

the best ground for eviction is personal ur own personal need or that of any of ur family member.

for details consult ur local lawyer with all documents in hand.

may call me any time if need be.
Srinivas.B.S.S.T (Expert) 24 June 2008
file a suit for eviction against him or you can file a criminal complaint for squatting against him.

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