Trespassing by tenant Trespassing by tenant

3 years ago

Hi sir, I have bought a 70 sq yard G+1 house in Hyderabad and paid full payment and registered just before lock down ,the tenant who went on agreement with the previous owner is not moving .The tenant is the relative of an advocate who is now claiming that the house belongs to her (the advocate) and she will not leave it.I have booked an FIR against her ,but as the court is closed its not working .So, please help me regarding this matter.

Rajinder Raina

Responded 3 years ago

A.You can't force the tenant to leave, unless you adopt due course of law, that is eviction of tenant on your genuine requirment and not otherwise, secondly the tenancy cintinues even the owner changes, and you can't force him being new owner of property.... So better for you is to serve notice upon her for eviction on valid grounds and after one months period file an eviction suit.. Eviction suit must b on set grounds etc.. Police can't force tenant to leave under law.. If u have any more querry on subject feel free to call me
Thanks
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sanjay panda

Responded 3 years ago

A.Dear client
For immediete step you try with electric and water deptt. For temporary disconnection of services so that tenants under tresspass will face difficulty . Then you collect copy of agreement from previouse owner and as per terms and condition of agreement issue notice (you may immedietely terminate future agreement period on ground of illegal activity by tenants in your premises ) or house renovation grounds etc.
Also proceed with urgent eviction with help of court.
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Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir,
You have to also file eviction suit to get effective order and also may file application for Recovery of Arrears of Rent.

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Ankur Goel @ Complete Law Shield

Responded 3 years ago

A.case is sub judice now.
you not checked before buying.
you have to check tenants status before buying.
you have to make seller a party to case.


Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
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Anik

Responded 3 years ago

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A.Hi,
You may request the old owner to provide them with an eviction notice, this might have a more significant result as they were the tenant's landlord. Failing this, you shall have to provide the notice yourself and then obtain a court order for eviction. The police will have to evict the tenants if shown the order.
As long as the title deed and other documents are in order and have been transferred to your name, you do not need to pay heed to the claims of anyone else being the owner. Courts have been functioning online for some time now, I'd advise you to look into the relevant Court's website to file the eviction suit online.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
You may request the old owner to provide them with an eviction notice, this might have a more significant result as they were the tenant's landlord. Failing this, you shall have to provide the notice yourself and then obtain a court order for eviction. The police will have to evict the tenants if shown the order.
As long as the title deed and other documents are in order and have been transferred to your name, you do not need to pay heed to the claims of anyone else being the owner. Courts have been functioning online for some time now, I'd advise you to look into the relevant Court's website to file the eviction suit online.
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