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venkat Nagender (Engineer)     19 January 2011

Tenant not willing to vacate the house

Hi,

I Buyed a house in October 2010. When we asked the tenants to vacate the house before registration they agreed to vacate the house before registration. One of the tenants who staying in the that house has filed a case against the previous owner from whom I bought, thinking that registration was not happened. She filed case that, he is asking him to vacate the house. She filed the case after a week of house registration. When buyer received court notice he replied saying that he already sold the house and now he is not the owner of the house, so he returned the rent which he received through courier from court. The case is still pending in court. Now how can i make her to vacate the house. There is no any agreements for that house between tenant and previous owner. Can i proceed by giving any notices to her to vacate the house. I am staying away from the place of house where i bought. Please give me suggestion.



 8 Replies

Anil Kr Garg (Business)     20 January 2011

While our lawyer friends will give you exact technical advice, my opinion regardless of location anywhere in India, is that a tenant is de facto owner of the property. It is the owner who has to satisfy the court that he indeed needs the property for his own use and if the court decides that his need is not genuine or that he has alternatives, he cannot evacuate the tenant. On the other hand, tenant has to prove nothing. He may be having number of properties and may not even be using it but he has to prove nothing. Even after decades of outstanding rent, he can be made to exit if he pays the outstanding rent within specified days of "receipt of notice" from owner.

There is no law to check abuse of such rights by tenant. He is entitled to sell his occupation and that's the reason, owners have to negotiate terms of vacation of property by tenant. In effect, one may stay in a property for decades, and still, get even upto 50% of the value of property free from the owner for handing it back.

Interestingly, such "social" laws are not applicable to govt property. Law for them is different. So, charity never begins at home. And remember, we are world's largest democracy and are proud of indian culture where deceased father's liability is believed to be paid off by his surviving children for ages!!!!!!!

Anil Kr Garg (Business)     20 January 2011

Incidentally, I recently came across two interesting Supreme Court judgements.

(1) Owner was running his business in a small 5x2 ft kutcha gumti and wanted his own shop, 150 sq ft, rented out, to be vacated. Supreme Court decided that high court was right in everything except that it did not consider the possibility of both, tenant and owner, splitting the shop and running their respective businesses in half shop each. So, Supreme Court gifted 50% of the shop to the tenant for nothing.

(2) Owner man and his wife passed away during litigation, were survived by three married daughters who continued the litigation. SC decided that married daughters are happily living with their husbands and hence, cannot be deemed to be needing the house for own use. With owners already no more, there was no case of the owner needing the property for his own use, and therefore, tenant cannot be expelled. Effectively, the property was willed to the tenant by the Supreme Court.

Great laws in great nation!!!!!!!!!!!!!!

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     20 January 2011

Tenants the law is in your favor , just because you do not take proper care and hence you face problems.

1)     Pay rents regularly and demand rent receipts. If landlord does not accept rent or do not give rent receipts apply to the court for deposit of the rent in the court.

2)     Land lords can not increase rent , you will get protection from court., file suit for fixation of standard rent.

3)     If there is no lease agreement the harm will be more to landlord than tenant.

4)     It is a myth that eleven months leave and license agreements can be renewed again and again. It is not legal. The damage / harm  will be more to landlord than tenant.

5)     Landlords can seek possession for i) default for rent payment ii) sub tenancy without permission and structural changes in premises without legal permission. Take proper precautions to avoid these traps.

6)     Landlords seek possession for personal needs also. Here you must be most diligent in collecting evidence of his other properties, history and actual need. If tenant can prove that he will have more difficulties  than the landlord than no eviction is possible on this ground.

7)     Reply any notice by taking most expert  legal advice only. Mistakes made in reply of notice can not be corrected later.

8)     The landlords and their advocates as a rule make mistakes in over confidence , only expert legal advice can help you to take its benefit.

9)     You must take assistance from  hard working and expert legal person from beginning. Once the initial steps are lost no  body can help you. Most of the tenants do just the reverse , they take advice from immature persons in the beginning  and run to experts at later stages when things go out of control so nothing can be done . Read any SC judgment in favor of landlords  and you will find the same story.

1 Like

vikas bakshi (lawyer)     22 January 2011

i fully agree with anil garg

 

that the tenenat is de-facto owner of property

only way to get it evicted if u need the property for your use or it is in a diapalated condition 

Tripti Nagwekar (Owner)     14 September 2012

You are right mr. Garg

SUNIL (SOFTWARE ENGG)     07 November 2012

YOU CAN DO ANYTHING WITH YOUR PROPERTY. TENANTS CAN NOT DO ANYTHING.

YOU SEND YOUR RELATIVES TO THAT PROPRTY AND TELL YOUR RELATIVES TO STAY THERE.

WHEN THE AGREEMENT IS OVER THEN IT IS YOUR PROPERTY.

YOU CAN DO ANYTHING.

FORCEFULLY EVICT THEM FOR LEAVING WITHOUT PERMISSION.

TREAT AS A TRESSPASSER.

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     07 November 2012

Without a valid court order you can not force the tenant to move out.

Kumar   15 September 2018

Some of the supreme court judgements and lawyers advices really scares me and puts me outside of hope. I am facing similar problem. 


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