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veeraraghavan (service)     26 October 2014

How to vaccate very old tenants

Dear Experts,

Two tenants occupying two separate shops, in a portion of an old building, They are in possession of the shops for a very long time, that is to say more than 40 years.  Rest two shops are vacant  for around 10 years in the building. The back portion of the building is occupied by us for taking tuition etc. We are staying in another old house in the same compound.

They are paying rent. Needless to say they are paying very small amount as rent. One shopkeeper keeps a book, to record payment of rent on which we will put signature. Other tenant pays by cheque now.

There are no rent agreement or anything available. We want to demolish the old building for a new building. How to vacate them? will there be any difficulties in vacating them since they are occupying for very long time.

Will the law favor them by adverse possession?

please advice me what is the procedure to get  them to vacated?



Learning

 3 Replies

Gundlapallis (Advocate)     27 October 2014

How ever long the occupation may be... it is not adverse possession.  They have no rights to claim the title of the property.  Ask them to vacate orally stating the reasons for their vacation, if that doesn't work give them legal notice and when that too fails approach the court to force them vacate.

C.Shanmugam (x)     27 October 2014

Sir,      

       1. Ask them to vacate them orally by giving time say for 1 to 3 months.

      2. If they are not honors your word, you my issue a notice by Registered post with acknowledgement due by giving 3 months notice.

       3. In Tamil Nadu the house owner gives tenant’s details with photo to police station. In your State there is no such rule; you can give complaint with Police Station if still the tenants are not vacating your house. (You have not informed the resident area of State.)

      4. If still they have not vacated the house you may file application to Court by consulting the local lawyer.

 

Regards,

C. Shanmugam

27-10-2014

E mail: shanmugam628@yahoo.co.in

T. Kalaiselvan, Advocate (Advocate)     29 October 2014

You have been advised to issue notice to the tenants to vacate the building since it is likely to collapse hence needs to be demolished and reconstructed, please follow the other thread where you have posted the similar query.


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