Tenant claimed as owner
Querist :
Anonymous
(Querist) 04 November 2009
This query is : Resolved
A is a Muhammadan,he has a house property, for which he orally let it out on rental basis to his own brother B. After certain period B filed a caveat against A claiming that the house property has been orally gifted to him by his brother A. The possession also has been delivered to B and for the same B has accepted.
What are the legal remedy available for A to vacate B from his house?
Kiran Kumar
(Expert) 04 November 2009
file a suit for declaration in civil court and for possession as well.
Raj Kumar Makkad
(Expert) 04 November 2009
Instead of filing civil suit, you should file a rent petition before rent controller on the basis of personal necessity. let B come with his oral will. when A shall deny, no way left with B to prove the oral will. Eviction order being tenant can be passed by Rent controller.
Suhail suhail
(Expert) 04 November 2009
Well i agree with Mr.Raj,it the property being owned by A,and his brother is tenant,the eviction is to be sought and since the Muslim Personal Law has its limitations so far as making Gift or Will vis a vis his property,here the claim is sought on the basis of oral will which has to be proved by him as there is procedure for making an oral will;however you should ignore any such claim and simply get the property vacated by evicting the tenant on the personal need basis.
niranjan
(Expert) 04 November 2009
If you file eviction suit, and if B comes with a story of his ownership, I think that would be denial of ownership of landlord, would help you alongwith other grounds.
adv. rajeev ( rajoo )
(Expert) 05 November 2009
oral gift is permitted in Mohd., law. No documents are required. It is very typical situation.
Is there any document with A that his brother is tenant. if not create some document to show that brother is the tenant of A, otherwise it is very difficult come out of this problem.
