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tejinder sethi   13 November 2025

Eviction of place given out of love and affection

My deceased grandfather while alive had given a part of the garage to the servant to use it for staying purpose with his family. It was given out óf love and affection without any rent or rental agreement. The said servant died but his family continues to stay there. The building ground plus two is owned by my deceased grandfather and now the legal heirs. Now our building is going for Redevelopment so how do we ask the servant family to vacate. Do we have to give him some compensation. He has been staying for nearly 20 years.

Please advise 



 7 Replies

Kishor Mehta (CEO)     13 November 2025

A person staying at a premises without paying any rent is a gratuitous licensee and no tenancy rights are evolved unto him. You don't owe him anything. He can be legally evicted. Period of occupation doesn't give him any legal rights. 

kavksatyanarayana (subregistrar/supdt.(retired))     13 November 2025

Ask him to vacate it or send him a legal notice for eviction.

T. Kalaiselvan, Advocate (Advocate)     14 November 2025

You can instruct him to vacate immediately.

He cannot claim tenancy rights since there is no landlord tenant relationship, it was only a care taking arrangements hence neither he can claim compensation nor you are obliged to pay him any to evict him.

Dr. J C Vashista (Advocate )     15 November 2025

Issue legal notice to the occupants to hand over peaceful vacant possession within a month or so, failing which file a suit for possession through a local prudent lawyer.

P. Venu (Advocate)     15 November 2025

Yes, being a gratutous occupant he has right or interest in the property. 

tejinder sethi   15 November 2025

He has right in the property or he has no right in the property? Please reconfirm.

T. Kalaiselvan, Advocate (Advocate)     15 November 2025

The gratuitous person, as the meaning suggests,  cannot claim any rights over the property because he is neither a licensee nor a tenant so that he can claim tenancy rights, nor he is a legal heir of the owner nor it is an ancestral property to him, hence you do not have to show him any mercy and strictly warn him to vacate or he will be ejected from the property by filing a civil suit for ejectment.

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