Need Urgent Help

If you have any lease deed for 3 months, it would help you better.

If the rent is below Rs.6500/- per month (this limit required to bverified), you have to take recourse in Delhi Rent Control Act.  If it is more than that, you have to file a civil suit.

Now, you have to issue a legal notice asking him to vacate the premises and after 15 days, if he does not vacate you have to file a suit for its possession. The case will run for two to three years and finally you will get possession.  During the pendency of the suit, you will regulary get rent on moving appropriate petition.

In addition to this, if you feel threat to your and your old parents' personal safety, you can file a police complaint as an abundant precaution.

By his being advocate, he will not be going to get any additional advantage.   

Thanks for your reply sir.. I just want to confirm that We have not got the police verification and rent agreement done. So.. can we still file a civil suit against them?..Also, please advice if there is any other way we csn get rid of dem?

Hello,

I would be able to assist in your case. You can file a civil suit case for eviction against the tenant. 

You can further contact me on harshmparekh@gmail.com

I am a practicing lawyer in Delhi.

You can contact me on 9971780620. 

Regards,

Harsh Parekh

Advocate

Shewataji,

If the lease deed is below the period of 11 months, rent deed/lease deed is not compulsory.  It is also not compulsory in any statute that you require police verification before letting out the property for licence/rent/lease.  Police verification is only for the purpose that your immovable property is not let out to anti-social and anti-State elements.  In your case, he being advocate, had you gone for police verification, he would have got clean chit.  Hence, do not worry about that particular thing.  Court will not be interested whether you went for police verification or not.

Oral rent agreements are quite common, more particularly in the cases, where the period of rent is 11 months or less than that.

He is a trespasser after the expiry of three months period.  You have to show the court just your title deed and give oral deposition that the oral lease deed was for only 3 months and he is overstaying.  You will win the case hands down.  Only important thing you have to remember is that you have to issue notice giving him 15 days time to vacate the premises as per Section 106 of Transfer of Property Act.  The rest is smooth sailing.  It is the easiest case any advocate will win for you.

Wish you best of luck.   

Hi,

        Being a criminal Lawyer, I do not know very much more in civil matters, even then if he is a lawyer and threatning you cause of this, then you can complain to the Bar Council of your State and they will take the desciplinary action against him . Bar Councils are very much strict in such type of misuse of being an Advocate . You can compel him for the compromise by the way.