Tenancy/Landlord Issue

Querist : Anonymous (Querist) 03 May 2011 This query is : Resolved
Hi, I have given my flat in Delhi to my nephew in 2006 since he was in bad financial condition and didnot have a place/money to stay. As a caution, I insisted on preparing & jointly signing a lease agreement (11 months) for rent @ 3500 (but this was not registered, and has not been renewed since). From 2006 till date, I have not taken/recd any rent/money. Now, the person is not vacating despite several requests. I am retired and require this flat so as to get regular income. Can you please suggest:
1. Should I file a case, if so, how much time it may take in this scenario, and what are your siggestions....I am in deep mental agony, PLEASE HELP

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R.Ramachandran (Expert) 03 May 2011
For GOD's sake please do not say that you want to rent out the accommodation to earn regular income. IT WILL GO AGAINST YOU.
Please talk to me on my mobile 9868211477. I will explain certain things to you. Thereafter you can consider whether it is possible for you to do or not.

Devajyoti Barman (Expert) 03 May 2011
You have to first send him a notice to quit the flat and thereafter file a case for eviction against him.

H. S. Thukral (Expert) 03 May 2011
Mr. Ramachandaran
instead of talking to author on phone why not advise him in these coloumns. It will enhance our knowledge too and enlighten us to inturn advise other persons.

Dear Author
if the flat is constructed on or after 2002 then you can follow mr. Barman advice if it is more than 10 years old construction then drc act shall apply and simple notice to quit is not sufficient.

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