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Ram   08 May 2023

Tenant is not vacating the house

I bought a house in SRA in Mumbai. The house is not completed the 10 years that's why i couldn't complete the registration process. The previous owner request me to rent the house because of some personal reason. But now he is not vacating the house. the house will complete 10 years in June 2024. What i should do now??


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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     08 May 2023

If you are not yet the owner then you cannot issue an eviction notice nor can take action to evict the reluctant tenant.

You clearly know that the seller cannot sell the SRA property within ten years from the date of allotment, you have to wait for the expiration of the stipulated period after which you get the property transferred to your name by a registered title deed, to enable you to take  steps for  eviction 

 

Dr J C Vashista (Advocate)     09 May 2023

Issue legal notice to hand over peaceful vacant possession within 15 days of receipt of the notice, if tenant do not vacate file a case for eviction through a local prudent lawyer. 

Advocate Bhartesh goyal (advocate)     09 May 2023

One may be owner of premises but not landlord and similarly  it is not necessary  that landlord may  be owner of property but he may be landlord .One who receives the rent from landlord and issues rent receipts to tenant is considered landlord for tenant so If you have any proof of landlord and tenant relationship then you may initiate proceedings for eviction against him else not .


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