cAN I EVICT FAMILY MEMBER FROM MY PROPERT

My mother owns a property in varanasi which has got 9 rooms. she has given 5 rooms on rent without lease agreement. In one of the 5 rooms my mother's younger brother is staying with his family and we are not collecting any rent as they are financially not sound. Recently we thought of selling that property and now he is creating nuisance and threatening us not to sell the property and also when we asked him to vaccate he is simply refusing. Kindly advice us what to do in this regard.

0 likes

2 answers

Property Law

Posted on 05-Dec-18

Advocate Uma

Answered on 14-Jan-19

Your uncle is not a tenant under the Rent Laws as prevalent in your state as there is no rent agreement or rent receipt issued. The occupier does not have a right, title or interest in the property. You as the owners of the property have to take a call in case you want to sell the property. This can be settled by talking to the occupier considering the fact that the occupier is your uncle who is not paying any rent. In case he still refuses to vacate the premises then please send him a legal notice to evict and thereafter file a suit for eviction.

1 Comments

You need to be logged in to comment

Gopal

18-Mar-19

From the facts furnished by you it is not clear whether your uncle is a tenant. You have to clarify whether your uncle paid rent to your mother at any time in the past and if that is so your mother can file an eviction petition on the ground of non-payment of rent. In case your uncle never paid any rent, a legal notice should be issued on behalf of the owner, i.e., your mother asking your uncle to handover the vacant possession of the property and, thereafter, a suit for eviction should be filed.

Advocate Vaishali

Answered on 19-Dec-18

You can serve him a notice terminating the tenancy with immediate effect. Hopefully the property is exclusively in the name of the mother. Lease agreements can be documented or oral also. Though you are not collecting any rent due to his financial constraints,it will not create any ownership right upon him. He can always be treated as a trespasser. You need to terminate the tenancy with immediate effect. You also need to check if the water and electricity meter is in his name or not.

0 Comments

You need to be logged in to comment

Related questions

problem in getting N.O.C signed by sisters

The property(land) of my Lt.father was not given to me by him because of sudden death which consist of 2.5 Katha.i have 4 elder sisters and i m the only son.my one sister is not agreeing to sign N.O.C.rest sisters agree to sign N.O.C. In this case can i leave one part of property for my that sister who has objection and get the property to my name by getting sign the N.O.C from the rest sisters?

0 likes

0 answers

Property Law

Posted on 02-Jul-20

Can a property built on road get rectified after 30 years possession?

Dear sir, 2 properties are built on the road, one behind the other. It has been there for more than 30 years with approved building plan, sanctioned in 1985. It shows as sites on survey sketch online now. They have water, electricity connection with revenue taxes paid so far. But the layout plan shows it as a road. Even public does not need the road there as it's been closed for more than 30 years. Can that property get rectified or corrected? It has a building plan sanctioned by govt. authority but on the approved layout plan, it's shown as road. Can they demolish the building that had been in possession for more than 30 years with approved building plan sanctioned by same authority n paying taxes? Does a property on road as per layout plan claim adverse possession?

0 likes

0 answers

Property Law

Posted on 01-Jul-20

Grand children rights on grand fathers property

My Grand father has 1 son and 1 daughter and has self acquired property. He died in 1992 leaving a will to give property to son. The will genuiness has been questioned by daughter and case is dragging for years. 1. In the event of sons death before the property is registered with him , will the children of the son (i.e me) get the self acquired property, be it in whole or part If son dies before case ends, will grand child get share of the self acquired property? 2. What steps should the son take to assure transfer of the self acquired property of my grand father to his daughter (me). Should a will or settlement be written during his lifetime( property still not in his name yet)

0 likes

0 answers

Property Law

Posted on 23-Jun-20