Tenant not vacating
shantanu
(Querist) 29 December 2013
This query is : Resolved
we have a tenant from 30 years,he is not vacating my shop,10 year back a suet is filed against him . result is on tenant side,but now i want that shop as i want to expand my business,what can i do .is tenancy is terminated after his death ,tenant is 60+.
V R SHROFF
(Expert) 29 December 2013
settle the matter, pay him & vacate, no other option.
Legal will take years., results are poor.
Devajyoti Barman
(Expert) 29 December 2013
Either settle amicably or file a suit for eviction. Duration of tenancy does not effect the merit of the case.
T. Kalaiselvan, Advocate
(Expert) 29 December 2013
Yes if you do not want to go for litigation for more number of years once again, sit and talk to him and settle the issues by negotiating the amount, vacate him or file an eviction suit as advised on the grounds of self occupancy.
Rajendra K Goyal
(Expert) 29 December 2013
In litigation years would pass. You have lost your case previously also. If you are really interested in getting the premises vacated, try amicable settlement by paying him negotiated amount.
shantanu
(Querist) 29 December 2013
my self shantanu from nagpur maharashtra .i get married in 2010.my wife grand father and grand mother has ancestral land 15acre and my wife mother is only dougter my wife has 2 sister and one brother.can my wife has share in this property.is it transfer to only brother by will .is will-did is valid to ancestral property.
T. Kalaiselvan, Advocate
(Expert) 29 December 2013
Your wife's mother cannot transfer the ancestral property in favor of your wife's brother alone by executing a Will Deed, it is not valid. Your wife is also having a legitimate share in the property as a coparcener by birth.
Sudhir Kumar, Advocate
(Expert) 30 December 2013
you already has lost a case.
query on this forum will not help. You have to meet a lawyer with papers.
Dr J C Vashista
(Expert) 30 December 2013
Issue legal notice terminate tenancy, file suit for eviction, damages and mesne profits, if you cannot get the matter settled amicably i.e., "Out of Court"
Rajendra K Goyal
(Expert) 30 December 2013
For your second query:
This is not related to your first query, you should have raised it in new thread.
Your wife has a share in ancestral property of her maternal Grand father. She can file suit of partition.
shantanu
(Querist) 16 January 2014
my self shantanu from nagpur maharashtra .i get married in 2010.my wife father has ancestral land 45 acre and my wife has 2 sister and one brother.can my wife has share in this property.is it transfer to only brother by will .is will-did is valid to ancestral property.there is a sealing act in Maharashtra due to which my wife father divide land between brother and himself without consulting us and told us that daughter has not share in property and enjoy share with themself how property is legally divided.how it is transfer to father and brother alone.
shantanu
(Querist) 15 March 2014
is tenancy is terminated after the death of tenant of commercial shop.
Dr J C Vashista
(Expert) 16 March 2014
No, tenancy is not terminated on /after the death of tenant, it is being inherited
