Tenant refusing to vacate
shiv
(Querist) 08 March 2014
This query is : Resolved
I have two commercial shops in jagraon, district Ludhiana, Punjab.
My grandfather gave them separately on rent. My grandfather has expired. Now the shops are in my mother and my name. There is no dispute in family.
My mother became a widow last year. She has now shifted from jagraon to Mumbai with me last may 2103 when my father died.
1. For first shop, There is a new "kirayanama" for 6 months entered in 2005, though the tenant has been there for 30 years. It is not registered. Rent is very low with 7% increase in 3 years. Rent comes on time once in in three months.
2. For second shop, there is a "kiranayama" for 6 months entered in 2005. It is not registered. Rent is very low with 7% increase in 3 years. Rent does not come in time. it is always delayed.
Property market value combined is 70 lakhs.
1, Can I get the tenants evicted? Time and money involved?
2. Can I sell it to others on as is where is basis? Is this allowed? Are there buyers who look for such sales? What is the % loss I will generally bear in such sales.
Devajyoti Barman
(Expert) 08 March 2014
1. Yes by way of suit of eviction, Costs differ from advocate to advocate.
2.Yes, you can.
Rajendra K Goyal
(Expert) 08 March 2014
1. Eviction suit maybe filed. It may take 5-15 years in getting the result. Lawyers fee differs.
2. You can sell these to any, loss depends upon the circumstances may be to the tune of 50%.
Also if you are living in Mumbai, it would be bit difficult to follow up the case at Jagraon. If you have confidential person at Jagraon can entrust Power of attorney to file and follow up the case.
shiv
(Querist) 08 March 2014
What will be the grounds of eviction.
1. In first case , tenant has constructed a door inthe wall of terrace. His house is adjoining. He can now go through to his house from terrace.
Can this be a ground for faster eviction
ajay sethi
(Expert) 08 March 2014
tenant cannot carry out any unauthorised alterations in flat without landlord consent . if he has made structural changes in said flat you can issue legal notice to tenant and file suit for eviction
prabhakar singh
(Expert) 08 March 2014
Unauthorized construction of told nature, is a material alteration,amounting to threat on your title and can be a potential ground of eviction.
In addition,default in payment of rent would be ground.
You have stated that a new tenancy was agreed and reduced in writing for 06 moths in the year 2005.But apparently you did not serve them with notice to vacate,hence they are now tenant month to month under Transfer of property Act provided they do not have proof of there old tenancy and any protection under Punjab's urban tenancy Act.
A notice of a moth would be required to be served before eviction suit.
In my advise you should visit a local lawyer dealing with rent cases under Punjab Urban rent control Act.Because these Acts differ from state to state.
As regards to sale and its' consideration,in many jurisdiction,state Acts provide a quick eviction to buyers,if so in your state too,then discounting would be not so expensive.
R.K Nanda
(Expert) 08 March 2014
no more to add.
