Unlawful possession of the property
Sameer Gupta
(Querist) 28 August 2013
This query is : Resolved
In 2008 6 individual purchased a commercial property which was running a Hotel.All the documents where registered in the name of new owners and currently they are possesed with the property and running a hotel.
But a small portion was in possession of previous owner and presently occupying the same in the building.
But now when all the partners are asking him to vacate that portion he refused to do that.
Only electricity bill of that particular portion is in his name and his age is 96 years old.
No agreement or neither any commitment was made to him regarding to stay there. He requested for few days to wind his business , now my client ask to vacate he refused to do so.
Please give your suggestion , what legal remedy can be applied?
Will it me a lengthy process?
ajay sethi
(Expert) 29 August 2013
since he is 96 years old let him stay . take letter from him that none of his legal heirs will lay any claim on said portion . you will have to take eviction proceedings against the ex owner in case you want him to vacate now
Sameer Gupta
(Querist) 30 August 2013
Thank you Sir For your suggestion.
But sir all the partners are willing to renovate the entire hotel which includes that particular part. They already delayed b.coz of his reluctant to vacate. But now its high time.
So pls suggest how this eviction process can be started and does will it take time?
prabhakar singh
(Expert) 31 August 2013
In law he can at best be treated as licensee
of the portion occupied by him,his licence can be revoked by notice and a suit of eviction can be filed which may consume time.
A strategy of providing an alternate accommodation to him may be a better bet than any suit of eviction where only efficacious persuasion would be the requirement,and if rental cost is to be afforded it would not be more than litigation cost.Rent agreement of alternate accommodation should be in his name.
ajay sethi
(Expert) 31 August 2013
you can file suit for eviction but it will take years . offer him alternative accomodation as suggested
Sameer Gupta
(Querist) 31 August 2013
Respected Sir i appreciate your kind response.
I would like to ask that just a mere possession of property with no agreements, no ownership title, no other right entitles him such a advantage in law.
Ex owner is reluctant to shift to any other place and vacate this place.
Pl note his age is 96 above, will court will give any advantage to him if a suit of eviction is filed?
Any other remedy which disposes the case expeditiously ?
