Tenant eviction query
docrg
(Querist) 15 June 2012
This query is : Resolved
Hi,
I'm a 30 yr old professional from Gujarat.
It's a tenant related query.
My grandmother rented out 2 shops in the year 1950, at a rent of approx rs. 50/- each. the shops are one side of the house she used to live.
The tenant today also pay that much only.
now my grandmother passed away before 15 years, and the house is being occupied by her older daughter inlaw and her daughter.
the original tenant has also passed away and the shops are being utilised by their respective sons.
they have been depositing the rent in the court for last more than 1 year, and
they have been repeatedly demanding to change name in the agreement from their father's name to their name.
is there anyway how we can evict these tenants?
adv. rajeev ( rajoo )
(Expert) 15 June 2012
you can file an eviction suit demanding to use it for their personal use/business.
docrg
(Querist) 15 June 2012
Thank You Mr. Rajeev.
Deeply appreciated.
R.K Nanda
(Expert) 15 June 2012
File eviction petitions against the tenants.
docrg
(Querist) 16 June 2012
Thank you sir,
Just wanted to ask specifically, if there is any benefit to them, in case the agreement changes from their father's name to their name?
I don't understand if they have any legal benefit in getting done so. please opine at your convenience.
thank you.
ajay sethi
(Expert) 16 June 2012
on death of tenant the tenancy has to be transferred by landlord in name of legal heirs . in the present case it appears sons are the only legal heirs .
whether original tenant widow is alive ? does he have any daughters ?
the landlord after making inquires and on recipt of application can transfer tenacy in name of legal heirs .
the advantage for tenants is they can subseqently sell their tenancy rights . if you agree to transfer in name of purchaser then landlord gets 33%of sale proceeds for trnasferring in name of purchaser
docrg
(Querist) 16 June 2012
Thank you Mr. Sethi.
Shonee Kapoor
(Expert) 20 June 2012
Agreed with Ld. Sethi.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
