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Free my shops
5 years ago
Hi my question is that i have property of four shops its a herediatry property and two of them are in rent for past twenty years almost..i want to free that two shops from tenants..so i can sell my all shops..what should i do??
Sayaree Ganguly
Responded 5 years ago
A.Dear Client,
You can ask your tenants to vacate the property. Send them a legal notice stating the reason for which you need the property and to vacate it urgently . if such legal notice is not responded well then you can proceed with a suit for eviction .
Thanks.
You can ask your tenants to vacate the property. Send them a legal notice stating the reason for which you need the property and to vacate it urgently . if such legal notice is not responded well then you can proceed with a suit for eviction .
Thanks.
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Shreyash Mohta
Responded 5 years ago
A.Sir, you as the owner of the property have absolute right to vacate the tenants of their tenancy. You need to send them a legal notice giving them reasonable time [Advisable 1 to 2 months] to vacate such premises. Such notice shall be sent under section 106 of the Transfer of Property Act. If in case they fail to comply with such a legal notice, then, you can approach the civil court having local jurisdiction and proceed with a suit for eviction.
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Shreyash Mohta
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Shreyash Mohta
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A.Dear Sir,
You can issue a Legal Notice terminating their tenancy saying that it was a oral tenancy and the tenant needs to be vacate his premises within 15 days on receipt of legal notice under Section 106 of Transfer of Property Act failing which you may approach Civil Court by filing a summary suit.
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Section 106 in The Transfer of Property Act, 1882
1[106. Duration of certain leases in absence of written contract or local usage.—
(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.
(2) Notwithstanding anything contained in any other law for the time being in force, the period mentioned in sub-section (1) shall commence from the date of receipt of notice.
(3) A notice under sub-section (1) shall not be deemed to be invalid merely because the period mentioned therein falls short of the period specified under that sub-section, where a suit or proceeding is filed after the expiry of the period mentioned in that sub-section.
(4) Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.]
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You can issue a Legal Notice terminating their tenancy saying that it was a oral tenancy and the tenant needs to be vacate his premises within 15 days on receipt of legal notice under Section 106 of Transfer of Property Act failing which you may approach Civil Court by filing a summary suit.
==============================================================================================
Section 106 in The Transfer of Property Act, 1882
1[106. Duration of certain leases in absence of written contract or local usage.—
(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.
(2) Notwithstanding anything contained in any other law for the time being in force, the period mentioned in sub-section (1) shall commence from the date of receipt of notice.
(3) A notice under sub-section (1) shall not be deemed to be invalid merely because the period mentioned therein falls short of the period specified under that sub-section, where a suit or proceeding is filed after the expiry of the period mentioned in that sub-section.
(4) Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.]
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Sunil Kumar Singh
Responded 5 years ago
A.You can.as owner they are tenant by notice inform about your opinion to tenant.
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Rameshwar Dadhe
Responded 5 years ago
A.First vacation them then go ahead
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Anonymous
Replied 5 years ago
Sir what is meaning of vacation them??
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