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Author Topic: Property - Tenant Related Query  (Read 1666 times)

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Offline Umashankar

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Property - Tenant Related Query
« on: October 24, 2015, 02:36:44 AM »
Dear Experts,

Am Umashankar from Chennai. Am in need of a clarification on property related aspects. One of our property, a one storey building owned by my mother since 1991.

The building has two shop place in ground floor and one 1bhk flat in 1st floor. Before the time we own the place the two shop owning people rented there. In the registration document it is clearly mentioned that we can claim the advance amount from all the tenants(thereby all three tenants name is mentioned in the registration document), which is detected from the money given to us by the previous property owner.

Right now we are planing to vacate them from the place. Since we have doubt if they deny to vacate the place as they are staying there more than 24 years, is there any crisis to face legal problem. If so please advice what should we do to face the problem. Your response will be highly helpful.

Thanks in advance.

Your faithfully,

Umashankar S

Offline adv.amarnath

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Re: Property - Tenant Related Query
« Reply #1 on: October 24, 2015, 04:29:53 AM »
There is no bar in the law to evict a tenant who is occupying for more than 25 years but there must be some reasonable ground/ reason to evict a tenant. Without any reason you cannot evict a tenant. Mere defaulter in payment of rent does not creates a good ground to evict a tenant. As per law a tenant is required to pay his rent after expiry of one month and within 15th day of subsequent month.

For further clarification and detail consultation regarding eviction of tenant you can contact me.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline Advocate M.Bhadra

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Re: Property - Tenant Related Query
« Reply #2 on: October 24, 2015, 04:43:47 AM »
Eviction of tenant is a lengthy process of laws.  However if you can do so, then send a legal notice to the tenant to calling him to quit and vacate the rented room for your own use. If the tenant would not comply as per notice then file suit for eviction of tenant in Civil Court on reasonable ground as per provision of respective State Premises Tenancy Act.


M.Bhadra, Advocate at Kolkata,9836589246

Offline Umashankar

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Re: Property - Tenant Related Query
« Reply #3 on: October 26, 2015, 10:09:19 PM »
Thanks for your responds…

Please let me know is there by any mean will they(tenant) climb for any compensation to evict them from our place. If so, does law allows or approves any such activities?

Thanks in advance.

You’re faithfully,

Umashankar S

Offline adv.amarnath

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Re: Property - Tenant Related Query
« Reply #4 on: October 27, 2015, 11:19:55 AM »
There is no law or specific provision laid down in any law regarding any compensation as you said. Law maker has made the procedure very simple. But to be very frank with you, if a tenant has agreed to vacate the tenanted portion with some compensation money then you must take this opportunity.

For further clarification and detail consultation in this respect you can contact me.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline vikashgladoo

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Property - Tenant Related Query
« Reply #5 on: October 31, 2015, 07:11:19 PM »
In case a tenant is residing in a particular shop from last 25 years and now the owner has sold out the property to 3rd person.
Is there any law that whatever the amount is paid to the primary owner ,the same said amount can be paid to the third person and asked him to leave the ownership in good faith as tenant is having now 1/2 portion in his ossession.
As the new Owner who was the third person was aware of the possession and the 25 years of tenantship with the old owner even though he bought the property..

Please guide
Regads,
Vikash
7706939666
Varanasi,
Uttar Pradesh
India

Offline adv.amarnath

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Re: Property - Tenant Related Query
« Reply #6 on: November 01, 2015, 08:08:33 AM »
What you are trying to say is not clear or understandable state. Please try to explain clearly in a separate thread
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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