Want vacant shop from tenant
R Kumar
(Querist) 30 December 2013
This query is : Resolved
I have one shop which is given on rent to our family friends son for doing business by my father.Their is no agreement executed for the shop it's just verbal communication between both family. We also take rent in cash. The light bill was paid by tenant The shop given on rent in the year 2001. When in the year 2009 we want get shop back from them.They said we will vacant in the next year. In the year 2010 we don't take rent for 6 month to make him defaulter for the rent,on the basis of that we think he should vacant the shop. But unfortunately he make a case on inter pleader suit on us. saying we are not legal owner of shop. he had rent agreement with other which is owner of shop. He also claim that we are damaging his business and asking for money illegally from him .
In the court he claim for who is actual owner. The rent he claim in court is INR2500/- pm. But actual rent we are taking INR 8000/-pm.Whom he was calming as legal owner of the shop, is actuality son of seller of property to us. In the year 2013 we got tenant sales tax certificate through RTI. In which he has mention us as actual owner of property.Currently case is ongoing . Now his sister in law and owner( whom he claim in suit the court) executed sales deed of the shop.
Facts and figure of property :
1) We have buy property from father of claim owner( as mention in inter pleader suit by tenant) 17 years ago.
2) Light bill,water bill,and tax property in the name of us.We are paying regularly.
3) In RTI for sales certificate in sales tax department,showing us as owner of property .
4) property in Bihar
Now my questions are as below :
1)How we can get back shop form them.
2)What legal action should be taken against tenant.
3)We can make challenge of sales deed made by his sisters in law and owner (who is real owner as claim by tenant in suit)
4)What legal step need to prevent both parities to occupies said properties.
5)can we claim forge case on his sisters in laws and fake owner?
6)what should be procedure for stop his sister in laws for false claim of property.
malipeddi jaggarao
(Expert) 31 December 2013
Since legal case is running already engage a good lawyer to verify the claim of seller's relative. Two issues involved - ownership is questioned and tenant is not vacating the premises. Entire record is to be verified by the advocate about passing of title to the seller for defending the case.
Devajyoti Barman
(Expert) 31 December 2013
You make a counter claim of suit for eviction of tenant/licensee as the facts support. Yes take the documents and consult a local civil lawyer.
Thyagarajan
(Expert) 31 December 2013
All depends on whether the deed of execution is registered. No registrar will register without seeing the parent document to verify the real owner.
M V Gupta
(Expert) 31 December 2013
Following actions are suggested:
1.File cross suit for eviction on the grounds of default in payment of rents and tenant questioning the ownership of the Land Lord.You may claim that the person is a monthly tenant under oral agreement But take care to issue lawyers notice before filing the suit for eviction.
2.File suit for cancellation of the sale deed fraudulently obtained by the tenant from his sister in law.
3. Issue notice through ur Advocate in the news papers cautioning the public from entering in to any kind of deal for the property with the tenant or his sister in law.
T. Kalaiselvan, Advocate
(Expert) 31 December 2013
