To vacate my mortage flat
Abdul Sattar
(Querist) 02 November 2014
This query is : Resolved
Dear Sir,
I own a building Ground + 01 Floor in Bangalore south, LR Bande R.T Nagar Post. I have mortgage my flat for sum of 500,000 (Five Lakhs) for duration of 03years and the agreement is ending on 15Nov2014. When i have approached the tenants to vacate my flat on time and i have already dispacthed a notice regarding the same. Now the tenant is demanding an extra Rs. 20,000 (Twenty thousand) towards the expences they claim to have spend (Without receipt). This people are of loose character and have record of demanding money by breaking the contract with previous landlords. In past, rhey have levied allegation on me with police station for disconnecting water supply and sending rowdies to vacate my place almost 02 years ago. Kindly advise what is the legal process to get back my flat in legal frame and how much will it cost and the duration to vacate. Believe me, this cheaters are very stuborn and can go to any extend. I can pay the demanded money and get rid off, but they will continue doing the same with other innocent peoples and i want to give them a fitting reply within the law frame. Please help me in this cause. Much obliged & Kind regards.
Devajyoti Barman
(Expert) 02 November 2014
Let them claim such money asn without proof they cannot establish such expenses.
Send them eviction notice and if they still refuses to vacate then file suit for ejectment.
P. Venu
(Expert) 02 November 2014
As the mortgagor, your right to redeem your property is absolute.
ajay sethi
(Expert) 02 November 2014
you can take legal proceedings as advised but litigation costs will be more than Rs 20,000 and it may take some years for case to be disposed of
Rajendra K Goyal
(Expert) 02 November 2014
try to have amicable settlement. Agree with the expert ajay sethi.
Abdul Sattar
(Querist) 02 November 2014
Thanking you all for valuable suggestions/advise. Its not the matter of money anymore, i would rather spend little more to teach them a lesson and to not repeat the same with other innocents. I know, they are nut shells and it will hard to break them. Guide me on please, how long the legal preceeding will take.
Best Regards,
Abdul Sattar
ajay sethi
(Expert) 03 November 2014
around 3 years
M V Gupta
(Expert) 03 November 2014
In view of ur desire to teach the tenants a lesson, the only way is to file suit as suggested. For this u should have grounds for eviction such as default in payment of rents, unauthorized constructions effected by the tenant or any other breach of lease terms, need of the premises for ur own occupation or use etc.
Abdul Sattar
(Querist) 04 November 2014
Dear Mr. Gupta & Mr. Ajay, thank you for your valuable advise. @ Mr. Gupta reference to the ground for eviction is expiring agreement and clause that it cannot be extended or renewed. And the premises is required by my in laws, who are leaving in rented house. Please advise if above is sufficent and also confirm Sir, if the course will take 03 long years.
Abdul Sattar
(Querist) 04 November 2014
Dear Sirs, also advise suppose if the case runs for 03 years am i entitile for any compensation. Thank you again.
M V Gupta
(Expert) 04 November 2014
If it is a lease mere expiry of the period of lease does not give u right to evict the tenant, as tenant can continue as holding over tenant under most of the Rent laws. Need to accommodate ur in laws may be good ground.
T. Kalaiselvan, Advocate
(Expert) 05 November 2014
Termination of lease period and premise required for own use will be solid and strong grounds for eviction suit. You will not get any compensation for the period under litigation, you may be awarded with the cost of the suit if decreed in your favor.
