How to evict the tenant How to evict the tenant

2 years ago

My Grandfather has the property which he rented out. After the death of Grandfather in 2019 we were unaware about this and in 2021 we came to know about this rented property. Now we (legal heirs my father, uncle) asked him to pay us the rent. Since March 2021 he is not listning to us. The fact is the Property is in name of Grandfather and to make this property into ours will take time , so how we can evict the tenant as he is not paying attention to us since months. We dont want to go leagaly as it will take years. Please let me know any other way.

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Get issue a legal notice and ask him to hand over vacant possession of the same or renew the tenancy failing which you may approach Civil Court by filing eviction suit and thus you can get back your property.

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Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Dekhiye aap dada ji ki death ke baad unke uttradhikari dada ji dawara chodi gai property ke malik ho jainge.
Aap kirayedar ko ejectment ka legal notice de. Notice uprant bhi agar kirayedar aap ko rent nhi deta hai tab aap kirayedar ke khilaf civil court me ejectment ka suit file kare. Aapko safalta milegi.
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Anik

Responded 2 years ago

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A.hi.
You don't have any option if you don't take and legal action against them. If you are thinking of throwing them out with the help of local goons that won't help, instead they could could file a criminal complaint against you and that would make it more tough for you to vacate them.
you could try by sending them a legal notice to vacate the property giving them a proper time period and still they doesn't vacate then no option left other than to move to a civil court and file a suit for eviction.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.hello
Well if you don't go legally then you don't have much of a option to throw your tenant out. The best possible option you have it to send a legal notice to tenant that if he doesn't vacate the property you would take legal action upon him in order to scare him. and still he doesn't cooperate then you have no option left other then to file an eviction suit against him the court. And the process of eviction suit is not that long.
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Abhimanyu Shandilya

Responded 2 years ago

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A.If you don't want to go legally then what other option do you have? do you want to throw him out with his belongings? If you do that then he will file a criminal case against you and for you the best option is to go legal and file a suit for eviction after having consulted a good civil lawyer for this.


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Tanmoy Chattopadhyay

Responded 2 years ago

A.if you do not want to go legally why would you ask advice from law professionals. You should seek suggestion from some local goons instead. Anyway in case you wanna evict him legally you can do so if its more than just rent default. You are having the right to seek the rent from the tenant and in that respect you should get a succession certificate issued and then serve the tenant a legal notice and then can file a case of eviction against the tenant for non payment of rent.
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.It is necessary on the part of all the legal heirs of your deceased grandfather by way of Declaratory Affidavit along with all of their identity proofs,your deceased gtandfathers identity proof and his death Certificate for taking necessary steps to get Legal Heir Certificate on the basis of which their names will be mutated in the Record of Rights in the place and stead of your deceased Grandfather.

As in spite of the Notice of the legal heirs of your deceased grandfather, that Tenant is not paying them rent,therefore,there is likelihood that the tenant is paying rent to the Rent Control so it is necessary to make searching in local Rent Control in that regard.If on searching it is found that the tenant is not depositing rent before the Rent Control,then it is necessary to give Legal Notice of Eviction to that Tenant on the ground of non payment of rent as well as for reasonable requirement of that property of the legal heirs of your deceased grandfather and in default Eviction Suit is required to be filed.
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