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Prabhu (technical lead)     26 April 2012

Vacating tenant

Hi,

My brother-in-law had let a property for rent for the tenant to use it for commercial purpose (running a shop). There is no agreement as such and there was no dispute for past 8-9 years. Now my brother-in-law is no more and hence we wanted the tenant to vacate the premises so that we can start our own business in the same place. But the tenant is not willing to vacate and says he will vacate only after 5 years.


He is paying rent but the rent amount is very less. Can we go to court to get him evicted? And while the case is going on can we file in the court a petition to increase rent as per the rules. The guideline value according to the latest revision is around 40 lacs for the site and 2-3 lacs for the building.

We are from Tamilnadu.



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     26 April 2012

First issue legal notice to him u/s 106 of the Trnasfer of PRoperty act by giving him time to vacate the shop, if he failed then you file a suit for eviction

Prabhu (technical lead)     26 April 2012

Thanks a lot for quick reply...can you please let me know how much time will it take if we file eviction suite. People say it might take 10-20 years..is it true?


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