Agreement to vacate
Amy Ruffin
(Querist) 13 May 2010
This query is : Resolved
Sir
I am living in a house which I have inherited after my fathers death and one of my fathers brother is staying in a portion of the ground floor with his family and as per my father’s will he along with his family was supposed to leave the house after my fathers death is now not vacating. We were planning to start the process of filing a suit for possession, however, now Uncle has told that he is ready to give an undertaking or a family agreement that he will vacate once his flat is ready in the next few months. I have three questions on this please advise
1. How good would such an agreement hold if he later does not want to honor it can we get any relief from the court
2. Should the agreement be signed by myself and Uncle or is it necessary to make his wife also a party
3. Is it necessary to get the agreement registered from SDM office
Kiran Kumar
(Expert) 14 May 2010
Let the agreement be supported by ur Uncle's affidavit before some executive magistrate.
if the wife is having no interest in the property then need not to name her in the agreement....is she beneficiary out of will qua this property?...if yes then let her sign it also.
the agreement shall be signed by two competent and reliable witnesses.
if there is some problem regarding limitation period to file suit then better file suit.
visit some local lawyer.
Amy Ruffin
(Querist) 14 May 2010
Thanks Sir for your prompt reply
My father has expired one and half years back so are we nearing the limitation period and
The will does not specifically name Uncle's wife and all it says is Uncle along with his family could stay in the property till my father's death
B K Raghavendra Rao
(Expert) 14 May 2010
An undertaking or an agreement regarding vacating a residential premises would only act as a moral binder. They cannot be used to forcefully evict the tenant.
A tenant can be evicted only by operation of law. You need to file an eviction suit after giving legal notice.
As these undertakings or agreements are not legally enforceable it need not be registered. Its value is only of evidentiary in support of your case in Courts.
Agreement may be signed by yourself and your uncle. If it is an undertaking, your uncle need alone sign the document.
O. Mahalakshmi
(Expert) 20 May 2010
Consult a advocate in your area. He will guide you.
