Querist :
Anonymous
(Querist) 17 September 2011
This query is : Resolved
I am owner of the property in mumbai. I let the said property to one Mr.X and since 30 years he is residing as tenat. Now i want that property for my personal use. The property is well managed by tenant. there is no enemity or any breach of condition by the tenant. but now i want it for personal use. what is the legal process i need to initiate? some one told me that we cannot vacate him as he is staying since 30 years.. if we go to court how much time it will take ?
Thanq for instant reply sir.. the tenant staying since 30 years, is it going to affect my case? my property is in mumbai, i heard maharashtra law protect tenant, is it?
Raj Kumar Makkad
(Expert) 17 September 2011
The process is very easy. You shall have to issue a notice to your tenant to vacate the property within a stipulated time as you personally require it. On failure to comply with the notice, you should file a Rent Petition through your lawyer and should persue it.
It may take 2-3 years in getting the disposal of the case.
ajay sethi
(Expert) 17 September 2011
if you require property for personal use you can file eviction suit against tenant as rightly pointed out by mr makkad
Shastri J.K.
(Expert) 17 September 2011
I do agree with Experts.
adv. rajeev ( rajoo )
(Expert) 17 September 2011
you said relation with the tenant is cordial, so first smoothly request him to vacate the building, if he turned out arrogant then issue legal notice u/s 108 of Transfer of Property act to vacate the building within a given time, inspite of it if he didn't vacate then file a suit for possession.
jitender pawaria
(Expert) 17 September 2011
I do agree with Experts.
prabhakar singh
(Expert) 17 September 2011
I DO NOT KNOW WITH WHICH EXPERT Mr. jitender pawaria agrees.But i agree with Mr. adv. rajeev ( rajoo ) to some extent that you should cordially request your tenant,on his refusal,serve him a notice and if tenancy is governed by some state tenancy protection law then file proceedings of eviction as required by law consulting a lawyer before serving a notice.
Shailesh Kumar Shah
(Expert) 18 September 2011
you need to adhere to advise of Prabhakar sir.
Shailesh Kumar Shah
(Expert) 18 September 2011
you need to adhere advise of Prabhakar sir.
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