MD RIZWAN KHALID MD RIZWAN KHALID

3 years ago

My mother in law have a house in Katihar, Bihar. She has rented her house @ Rs 1300 pm on rent in year 2004 vide an agreement. In the said agreement, tenure of house rental have not been mentioned.
All other terms and conditions such as rental increment @ 15% every three, no reconstruction in building etc.
After agreement, rental was paid for 2 years, thereafter renter have stopped paying rent. No any letter was issued to Renter by house owner my mother in law for payment of rent.
During visit of house by us few months ago, it is observed that alteration in house without any intimation.
Now my mother in law want to evacuate her house for residential purpose for her own, but renter have denied to vacate house.
What should be procedure to vacate her house, pl help.

Kishan Dutt Kalaskar

Responded 3 years ago

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A.Get issue a legal notice and use force and throw him out. Let him go to civil court. If he goes police station then say it is civil matter and they cannot interfere.
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Rameshwar Dadhe

Responded 3 years ago

A.You will need send legal notice through advocate immediately otherwise become your headache
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Anish Palkar

Responded 3 years ago

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A.I have gone through your query in detail.
1) The rental agreement which was signed in the year 2004 has to be reviewed who were the persons who were having the position of the rented place details have to be known.
2) which is the exact location in Katihar –Bihar?
3) We will have to send legal notice for vacating of the same.
4) As they were not paying the rent for so many years why did you all not take any kind of action.
5) We will also have to file a separate suit for or vacating the same. Other charges of trespassing the private property can be included in the case..
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ADV. ANISH PALKAR (High Court)
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