Tenant Without Agreement after landlord death Tenant Without Agreement after landlord death

2 years ago

Due to Covid my paternal uncle passed away. He has has no Children and Im his legal heir.

There is a tenant who is being living in one portion of the building since 3 months. Now the tenant is claiming he had paid lease amount of Rs 2 Lakhs to my uncle. But in actual he was paying a rent.
There is no rental agreement nor a lease agreement or rent receipts given by my uncle.
All the rents paid are in cash, no written records.

After my uncle's death I want to get the pocession of the portion, How to go about it

Sidhaarth

Responded 2 years ago

A.In given circumstances the tenant is having possession in the premises as permitted licensee so firstly terminate his licence and direct him to handover possession. If tenant does not vacate the premises then file suit for possession and also for damages. Before filing case you shall be required to obtain succession certificate or letter of administration from court. If uncle has left any WILL then act in accordance with WILL.
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Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.you also dont have rental agreement that he is on rent.

send him legal notice to vacate and then proceed accordingly.
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Apurva Tomar

Responded 2 years ago

A.Hii,
As you are the legal Heir of the said property so, you have a legal right to take possession, and if he denies to vacant, You can take further legal action against him/her. Like, File a police complaint against him/her.
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Anik

Responded 2 years ago

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A.Hi,
Send him a notice for eviction, if he still persists, file a case for taking repossession of the property by removing him.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
You can give a notice of eviction to the tenant. If he still persists, file a case for taking repossession of the property and evicting the tenant.
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Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.आप किरायेदार के खिलाफ बेदखली का वाद दाखिल करे।
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D. SHARATH KUMAR VARMA

Responded 2 years ago

A.You can take the position legally and if he denies to vacate we can further move legally . And take the position don't delay the matter .
Advocate D. SHARATH KUMAR VARMA
HYDERABAD.
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