Want to vacate my land what needs to be done
Querist :
Anonymous
(Querist) 30 April 2018
This query is : Resolved
Dear Sir/Madam,
I have given a piece of land for running a private school, a lease agreement was made and given for 10 years.
Its about to complete its tenure of ten years, now i want to vacate the land and want to use for personal purpose. The agreement (notary type not registered) was built between me (Landlord) and 4 person from the school side (Tenant). One of them is ok to vacate, while other three has different intention.
Please suggest what i have to do, its good for me to send the legal notice for eviction and how many months before the completion on tenure . Since i have one more year in my hand.
Please suggest, i will be very happy and very thankful to u.
KISHAN DUTT KALASKAR
(Expert) 30 April 2018
Dear Sir,
The notice period covers under section 106 of Transfer of Property Act
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106. Duration of certain leases in absence of written contract or local usage
In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice expiring with the end of a year of the tenancy; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice expiring with the end of a month of the tenancy.
Every notice under this section must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.
P. Venu
(Expert) 01 May 2018
The eviction could be on the bais of the provisions of the locally prevailing rent law.
Asgher Mahdi
(Expert) 01 May 2018
You can serve legal notice upon the perusal of the Section 106 of T.P.Act
