Property
Troy Ribeiro
(Querist) 14 November 2010
This query is : Resolved
My mother, a senior citizen had rented a property, that she inherited, in Mumbai but did not register the Leave n License agrement. The tenant lived there since 2000. They were paying the rent till 2008. After that they refused to pay the rent or even vacate the premise. They forged some documents and had transfered the electricity meter on their names. We have filed a criminal case for forgery. But am advised that we need to file a civil case to evict the tenants. please advise how should I go about it. My mother had approached a lawyer. He took his fees and refuses to file a case and is absconding. We have a document where the tenant has assured that he would leave the premise in Feb 2010. But he has not done that till date... Would appreciate your suggestions
adv. rajeev ( rajoo )
(Expert) 14 November 2010
First issue notice u/s 106 of the Transfer of property act giving him the time to vacate, after lapse of time file a suit for possession.
Devajyoti Barman
(Expert) 14 November 2010
If the agreement was of lease and not of leave and license then you have to file suit for the eviction of the tenants/lessee. If the agreement was of leave and license then also you have to file a suit for eviction of the licensee but the time to be taken should e shorter.
bhupender sharma
(Expert) 14 November 2010
follow the advise of the Ld. Colleague.
Sri Vijayan.A
(Expert) 15 November 2010
1.Yes, you have to file a suit for
eviction
2. You have to consult a good local lawyer
3. For that find an advocate, ask about his experience, his plan about ur suit, etc
4. U can post ur situation in the LCI and get advice from advice
Troy Ribeiro
(Querist) 17 November 2010
Thank you all very much for the time taken and the patience to reply to my query. But the problem is to find the right lawyer as the property is worth only about 8 lakhs and the case does not seem to be lucrative for lawyers to take the case. If any one of you know of a sincere lawyer in Mumbai. I'd be grateful...
