Absconding tenant

Seema (Querist) 24 September 2015 This query is : Resolved

Hi,

My friends Tenant is absconding and not reachable. Their rent agreement is already over. However he had his belonging in flat. How should he take over possesion of said flat.
Tenant has not paid rent since last 4 months.
Now i heard from somewhere that he is invloved in illegal activities.
Pls. guide.

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H. S. Thukral (Expert) 24 September 2015
You file a suit for possession and recovery of arrears of rent. Serve the summons through substitution process and get an ex-parte decree and get it executed. that is only way in the circumstances.

Seema (Querist) 24 September 2015
Sir,

Can he hand over belongings to his relatives like his brother and take possesion of property.

Kindly Suggest.

H. S. Thukral (Expert) 24 September 2015
No. Law says that a person who is in possession of a property for more than 6 months can be evicted by a lawful process.

Advocate. Arunagiri (Expert) 24 September 2015
File a eviction petition and take possession through the court.

Rajendra K Goyal (Expert) 28 September 2015
Agree with the experts.

T. Kalaiselvan, Advocate (Expert) 01 October 2015
Expert Mr.HS Thukral has very clearly explained the procedure to be followed in this regard, hence do not try any other method which may be considered as an illegal act and punishable under criminal law.

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