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Tenant not vacating the house

 I am a retired person now staying in Mumbai.
I own a house outside Mumbai near Kalyan.

In 2008 i had given that house on rent to a party for 1000/- month and a deposit of rs 20000/-

The agreement was done on 100/- stamp paper for a period of 11 months till May 2009.
After 11 mnths, another agreement was made for 11 more months till May 2011 and again for 11 mnths later till May 2011.

Now in the month of May , with consent from both the parties, their daughter got married to my son.
But , due to some reasons the m,arriage was not a success and the girl went back to the parents within few days.
She has decided not to reconcile . Also note that the marriage isnt registered

There hasnt been anylegal approach from them for divorce as well.

Now its been more than 6 mnths since the agreement is over, they are still occupying that place without giving rent to us.
Despite giving 2 notice to them for vacating the house, there has been no move from their side.

Can they claim my house as alimony for their daughter?? that house is my only retiremt property. Can they mix both these issues??

What can be done to evict them from the house? i want to stay there within a few months and hence want them to leave.
Kindly suggest


 5 Replies

Advocate Vishnu (Advocate)     29 November 2011

Dear Pavan kumar,

Pl file a eviction suit against the tenants on the ground that rent is not being paid or just go for mediation and evict them. Your daughter- in law has no legal right to force you to give the property as marriage alimony. Nobody can take away your rightful property .

Kumar Doab (FIN)     29 November 2011

Pls do not delay and follow the advice given by Vish.

I.S.Roy,Advocate (Advocate)     29 November 2011

Dear Sir

They can not mix the property with the alimony. In facat,  you nevr disclose when such house was constructed then I will  give appropriate advise  regarding eviction

with regrds

I.S.Roy, Advocate

Democratic Indian (n/a)     01 December 2011

the marriage isnt registered

It is not equal to marriage was not done.

that house is my only retiremt property.

Are you living in a rented property now?

Can they mix both these issues??

Civil cases can be connected together unlike criminal cases. Very difficult to predict final outcome by these limited facts.

What can be done to evict them from the house?

Spend time and money fighting cases in court OR settle the matters to do an amicable settlement so that your son and daughter in law can lead a peaceful and happy life.

i want to stay there within a few months and hence want them to leave.

Who knows if it will be "few months" or few years or few decades? You will be able to evict them only when the court says so. It is not easy to evict tenants.

They can not mix the property with the alimony.

They may not mix property with alimony in court but they can surely file 498A IPC, Dowry prohibition, DV Act, 125 CrPC etc. and mix the matters practically. Remember that husband cannot drive out his wife, he has to take responsibility to provide shelter and maintainence.

Kumar Doab (FIN)     01 December 2011

Learned experts/members have given valuable advice. Kindly follow it and provide details. You also need to sum up and build your case. Tread carefully. If both husband and wife reconcile with intervention of elders and live peacefully, this shall be the best option.

We have seen a case: a hindu girl befriended a sikh boy and married him The fathers of both entered into a partnership in leather business of groom's father and later the girl implicated them in false cases. The in laws settled the matter out of court and paid a heavy price. They left the city with whatever was left with them.

You need sound legal advice and sound home work before you act. You should not delay.

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