A house settled in my favour
Querist :
Anonymous
(Querist) 26 February 2023
This query is : Resolved
Expertji,
A shop settled (my husband by his father as a family registered settlement deed. My husband settled in my favour in 2022)ten years ago, document with me and all taxes (Municipality, EB) paid by me. I have no agreement with the current occupier. He is my husband's brother and his son. Last eight years, a tenant was there, all rents received by the current occupier. He is not vacating and paying rent.
What I can do? How I can bring him under the new tenancy Act 2017?
Guide me. Thanks.
Advocate Bhartesh goyal
(Expert) 26 February 2023
Issue legal notice to occupier and his tenant and ask them to handover vacant possession of shop and if they do not comply with notice then file suit for possession of property against occupier and his tenant before civil court.
Dr J C Vashista
(Expert) 27 February 2023
Did you issue demand notice for handing over vacant possession and payment of arrears of rent ?
It would be better to consult and engage a local prudent lawyer with relevant records for analyses, professional advise and necessary proceeding
Querist :
Anonymous
(Querist) 27 February 2023
Dear Experts Ji
I will issue through our advocate legal notice to occupier to handover vacant possession of shop and payment of rent since 1st May 2013.
Thanks Experts.
Querist :
Anonymous
(Querist) 09 March 2023
Dear Expertji, Thanks a lot. I am in further trouble. Needs legal expertise
We have sent lawyer notice for eviction or adherence Tamil Nadu Rent Act. Meanwhile, my father-in-law has filed a writ of certiorari Mandamus in the Madurai Bench of Madras High Court against RDO and Collector Order. My husband as per Order of RDO sending ₹3,000/- per month by money Order since seven months which he is not receiving and rejecting. My Pharmacist Husband wants that shop for running a Pharmacy for our maintenance. Previous eight years tenant’s (since 2013), rents were given to my father-in-law for his maintenance. Since 2022, the current occupier (My husband’s brother’s son) is not paying any rent. What we can do now?
Querist :
Anonymous
(Querist) 10 March 2023
Thanks Expert. Demand notice is issued nine days before. How many days I have to wait for filing eviction suite?
Dr J C Vashista
(Expert) 11 March 2023
Wait for 30 days after receipt of notice and file the suit for eviction, permanent and mandatory injunction, rendition of accounts, recovery of arrears of rent, damage and mesne profits through a local prudent lawyer.
Querist :
Anonymous
(Querist) 11 March 2023
Thanks Experts a lot.
Kind Regards.
