Illegal tenant eviction by landlord

Querist : Anonymous (Querist) 21 September 2011 This query is : Resolved
Hello !

I am landlord of a building in Masjid Bunder (Mumbai) which was inherited by me 5 years ago.

In few of the rooms, the original tenants have sold their rights to Mr.X without my knowledge and thus I have not been able to collect rent, municipal taxes, etc. for these particular rooms since past 5 years.

Now, as a landlord, I would like to know what are the options that I have to evict the illegal tenants (like Mr.X) from my premises and regain the possession of the rooms.

Your detailed response and advice will be deeply appreciated.

Thank you to all in advance.

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ajay sethi (Expert) 21 September 2011
when was the sale done by your original tenants.? was it after you inherited premises? why were you quiet so long?

you can issue notice to illegal tenants to vacate the premises.you will have to subseqnetly file suit in small causes court .

M.Sheik Mohammed Ali (Expert) 21 September 2011
yes, you will issue the notice as per advice from Mr.ajay.

Guest (Expert) 21 September 2011
Agree with Shri Ajay Sethi.

Querist : Anonymous (Querist) 21 September 2011
Thank you : Mr. Ajay Sethi, Mr. M. Sheik Mohammed Ali & Mr. P.S. Dhingra. Thank you all for the quick reply.

The sale was done by the original tenants before I got the property in inheritance.

I have applied for name change in BMC and other departments since over 1 year but to no avail. That is why I was quiet till now.

Can you pls explain me step by step how should I go about this?

I deeply appreciate your assistance.

ajay sethi (Expert) 21 September 2011
1)if sale was done by original tenant s before you got posession then what was your predecssor in title doing all these years .
2)the fact that you have remained silent for so many years will go against you .
3)the pagdi must have been taken in cash . in bombay otherwise no tenant will surrender his tenancy . generally 30%is taken by landlord and then only new tenant is given posession
4)iif owner of building died 5 years back did he leave behind a will? if not then obtain succession certificate . all legal heirs are enttiled to share in ownership of said building

Raj Kumar Makkad (Expert) 21 September 2011
I completely disagree with sethi. Matter falls under Rent Control Act and this is sub-letting so file a rent petition and get your properties under tenancy freed. Time is no ground to frustrate your legal right to get eviction of your rented properties.

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