Eviction of occupant
Sandip Sinha
(Querist) 20 June 2015
This query is : Resolved
I have granted my brother - in - law ( X ) to use a portion of the ground floor of my old residential house as his office , free of any cost. He does not pay any rent or maintenance expenses . Now I want to sell the house . I have found a buyer and who wants peaceful possession of the house within two months ( strictly ). I am ready to shift to my new house . But my brother -in-law does not want to vacate within two months even after agreeing ( verbally ) to give him Rs.10 lacs as gift as demanded by him.
Questions :
( a ) What is legal position of X ?
( b ) Shall I write a gift certificate in his name stating that he must vacate the property within two months ?
( c ) What other steps can I take to evict him after paying him the gift ?
Advocate M.Bhadra
(Expert) 20 June 2015
Eviction is a lengthy process of laws,however demand of Rs.10 lakhs is too much.Note the following answer:
(a)X is mere licensee not a tenant.
(b)Don't execute any gift deed, if he accept minimum amount then prepare a surrendered certificate in your favour.
(c)no need to gift, issue a legal notice to call him vacate the rented room for your own use by treating him as a licensee, not tenant. If he would not comply then file a suit for eviction of licensee in civil court on reasonable requirement ground under respective State Premises Tenancy Act.
PARDEEP KUMAR
(Expert) 20 June 2015
What have you done and what you are trying to do, you intend to play against your own interest?
(a) Rightly said by my learned friend above, 'X' at best is a licensee not a tenant.
(b) There is no need to issue any gift certificate or to pay any amount.
(c) Send him a legal notice, terminating his license and then file a eviction suit. [I think my learned friend above has erroneously typed the term 'rented room'. You have to ensure not to use the term 'tenant' or rented premises and the genre anywhere.
Dr J C Vashista
(Expert) 20 June 2015
Well advised by expert Mr. M Bhadra, I agree.
His status is a licensee and no gift deed is required. Just assure him payment only after handing over possession.
Sandip Sinha
(Querist) 20 June 2015
Thank you very much for the responses. Well , I don't have any written agreement with him .
Sandip Sinha
(Querist) 20 June 2015
I don't have any written agreement with him for use of my ground floor portion . What are his rights in that
PARDEEP KUMAR
(Expert) 20 June 2015
Payment after taking possession, is though illegal, unethical however, is a simplicitor to avoid litigation. You can take this recourse if you wish to avoid litigation.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 20 June 2015
A PERSON IN POSSESSION OF YOUR PROPERTY REGULAR AND PEACEFUL CAN NOT BE TERMED AS LICENSEE . THE PERSON IS REGULAR TENANT.AND THE MOMENT THE NOTICE IS GIVEN BY LANDLORD IT WILL BE CONFIRMED.
WHAT THE LAW SAYS FOR LICENSEE-
A lease of immoveable property from year to year, or for any term exceeding one
year, or reserving a yearly rent, can be made only by a registered instrument.
3 [All other leases of immoveable property may be made either by a registered
instrument or by oral agreement accompanied by delivery of possession.
Rajendra K Goyal
(Expert) 20 June 2015
Try to have amicable settlement with him.
