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rajiv   12 March 2015

Tresspassing

Hello

I recently purchased a flat in maharastra. when i first went to see the flat the ex owner told me the tenant is living right now and in a months time he will be vacating. upn asking the tenant he too agreed the same.

Now when i went to clean the house so as to start the shifting process. the tenant is not willing to leave.

can i file an fir against that person for tresspassing and ask police help.

pls advice



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 4 Replies

saravanan s (legal advisor)     12 March 2015

did you make any agreement with the tenant regarding the date he will be vacating? if not you can do it by sending a notice asking him to vacate in a month time as you need the house for your bonafide use.if he fails to oblige you can file a eviction suit on him in the court

R.K Nanda (Advocate)     12 March 2015

send lawyer legal notice to ex-owner to get flat vacated at the earliest so that you can take its possession.

 

For more legal advice on mobile go for pre-paid, Click to Talk, Option.

ark200   12 March 2015

i assume that you have your sell deed ,payment details ready. that means that there is suffiient evidence of your purchase of flat. now you send legal notice to the  tenant to vacate the flat within a specified time. if he did not vacate it, and you do not have any other place of residence other than the flat. , then you can file eviction suit. 

provided that the tenant have a place of residence other than the flat. if the tenant have no residence other than the flat then the eviction suit will not work.

ark200   12 March 2015

the tenant is not tresspassing in your property. he is a tenant there.


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