varun kathuria (proffessional) 19 July 2011

Eviction of tenant

Hello,

I hava a property, the same has been decree to my mother's name few months back. The same has been registered to my mother's name in local municipality. Now a tenant residing there is not ready to evict the place. The problem is we neither have any lease agreement nor do we have any rent receipts. The property is situated in Haryana. My question is that what is the proceudre before sending a notice of eviction? I mean that is there some limitation before sending legal notice such as 5 or 10 years. Please help me with the issue.

Thnx

Reply Follow

3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 20 July 2011

Varun! In the given fact, the person is in unauthorized possession over the property decreed and duly owned by your mother. A legal notice is required to be sent to him seeking eviction within a stipulated time failing which file a civil suit before proper court of law. Such person definitely shall have to evict and limit is 12 years from the date of knowledge of such possession to the true owner.

Sandeep Aggarwal (Advocate) 20 July 2011

varun just take a proper way and go under rent act or suit for possession whichever is applicable in your city. The tenent is not unauthorized. Takeproper advice.