How to evict tenant without any rental agreement

Guest (Querist) 29 November 2013 This query is : Resolved
Hello Sir, I am living in noida.. I have one house in name of my father and all the documents including sale note are in name of my father. I mean we purchased it few years before. Currently we rented house to one person since last 3 years and now he is not going to vacant my house Unfortunately i did not make any rent agreement at time of given rented house. and also i have not any rent recipt So please suggest me how to vacant my house from such fraud person.

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ajay sethi (Expert) 29 November 2013
issue legal notice to tenant to vacate the premises . file eviction suit

Guest (Querist) 29 November 2013
thanku sir you mean to say that agreement paper dose't matter

ajay sethi (Expert) 29 November 2013
if you had entered into registered leave and license agreement you would have found it easier to evict licensee .you could have taken security deposit plus made provision for payment of penalty by licensee if he did not vacate

Devajyoti Barman (Expert) 29 November 2013
No it does not matter.
If you have rent receipt then it is sufficient.
Even if you do not then also you can file eviction suit because tenant has no better title to fight the case except declaring him to be tenant.
Licensee has much lesser right.

Guest (Querist) 29 November 2013
thanks both of you guys

thanks a lot...................

Devajyoti Barman (Expert) 29 November 2013
welcome............

prabhakar singh (Expert) 29 November 2013
When a tenancy is not in writing ,it would be treated month to month and can be terminated by serving a notice of a month by which arrears of rent and damages can also be claimed.You have not told the rate of rent or age of building to decide if protection of Act No.13 of 1972 is available to tenant or not.The notice would be sent under section 106 of Transfer of Property Act and services of a lawyer would be needed.

Guest (Querist) 01 December 2013
dear sir,

what is transfer of property act for tenant and how it's work please discribe this i will thankful to you.........

prabhakar singh (Expert) 01 December 2013
you can find the text of the TPA on below given or on many more sites:
http://www.vakilno1.com/bareacts/transferofpropertyact1882/transfer-of-property-act-1882.html

A tenancy is Governed by this Act.You need to read sections 105 to 117 to know all about it.

Guest (Querist) 23 January 2014
it's ok
i will find this

Devajyoti Barman (Expert) 23 January 2014
One month old query.

prabhakar singh (Expert) 23 January 2014
One month old query which Mr.Barman have attended 9 hours ago.Nothing more to say except thanks to author of query!

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