ANKUSH SOOD (UNEMPLOYED) 12 July 2013

Forcible and illegal possession of my shop by stranger

I am the owner of the shop,which was firstly run by my tenant.He regularly payed the rent of the shop.but after his death,his nephew had occupied that shop.Can I evict him from the shop,as he is not the legal heir of my tenant.I am not receiving any rent from him.

My tenant handover his firm to his brother thru will and after the death of my tenant ,the said brother handover that firm to his son thru power of attorney.and he occupied the shop and runs.

please give ur precious advise.as I am unemployed and has no source of income.

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(Guest)

Yes! You can legally evict him from the shop owned by you.

He could have been evicted even if he were legal heir of your tenant.

Your tenant can handover the firm through will but he cannot transfer his right of tenancy!

The firm may have been transferred, but the contract of tenancy ended with the death of the tenant.

For any other person to continue tenancy as the owner of the firm, a separate contract of tenancy will need to be executed with the consent of the owner of the place.

So, you can legally evict any person who has occupying the place.

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