Is there a legal way to evict a tenant? we have already offered some money for them, but they aren't ready to leave. Is there a legal way to evict a tenant? we have already offered some money for them, but they aren't ready to leave.

1 year ago

Is there a legal way to evict a tenant? we have already offered some money for them, but they aren't ready to leave.

Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,
U have to file eviction suit after issuing mandatory legal notice as provided under section 106 of transfer of property act. but it is time consuming, u may sell the property to a stronger person and he may get him evicted by using muscle power.
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Anonymous

Replied 1 year ago

dear sir, I appreciate your response; however, I do not want to sell this property or use musle power to evict; I prefer to resolve this issue through legal means only.
Here are some specifics about my problem. 
The tenancy is very old, about 30 to 40 years old. Her sister and nephew (who were adopted) came to stay with her for a short time a few months ago, but now they claim to be the legal heirs. We are sure that they will not be replying to any of the notices sent. I need advice in this situation.

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Advocate Simi Paul

Responded 1 year ago

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A.Hi client,

There is saying " Once a tenant , always a tenant".
If a tenant, is not paying the rent amount and has completed a period of one year in the said premises, the landlord has every right to evict them.
You can serve them a legal notice within a period of 30- 60 days, if they do not respond you can file a suit before the Civil court of your jurisdiction or the Rent controller for eviction.

Thanks and Regards
Simi Paul
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Anonymous

Replied 1 year ago

The tenancy is very old about 30 to 40 years old. The tenant who is staying has her sister and nephew(adopted) residing with her who claim to be the legal heir. We are sure that they will not be replying to any of the notices sent. Need an advice in this situation.

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Advocate Simi Paul

Replied 1 year ago

Hi client,
The tenant cannot anyhow claim the rights in the property.
But as they are already residing for a longer period of time an Adverse possession can be claimed if the owner has not interrupted or made claims on the property.
Rent Control Authority is to be informed.

Thanks and Regards
Simi Paul

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