My tenant is staying since 23 yeras

Ankur Bansod (Querist) 10 December 2014 This query is : Resolved
MY TENANT IS STAYING SINCE 23 YEARS. WE ARE THREE BROTHERS AND THE HOUSE WAS ON MY MOTHERS NAME. THIS HOUSE CONTAINS TWO ROOMS AND BELONGS TO A GRUHNIRMAN SOCIETY. NOW MY MOTHER AND FATHER BOTH ARE EXPIRED. WE ARE TELLING THE TENANT TO VACATE SO THAT ONE OF US CAN GO AND STAY THERE. BUT HE SEEMS NOT READY FOR THAT. HE WORKS IN PWD AND CAN GET QUARTER BUT ALWAYS MAKES EXCUSES. WE ARE THREE BROTHERS AND ONE SISTER. AS PER SOCIETY NORMS MY MOTHER NOMINATED MY ELDER BROTHERS NAME AND SECOND WAS MINE. BUT WE THINKING OF THE OTHER FAMILY MEMBERS ADDED ALL FOUR NAME IN THE SAID PROPERTY. NAMES ARE NOW ADDED IN CITY SURVEY TOO. WE WERE NOT TAKING ANY RENT SINCE WE WANTED HIM TO VACATE. BUT MY MIDDLE BROTHER DUE TO MONETARY NEEDS TOOK THE RENT FROM HIM AND GIVEN HIM IN WRITTEN THAT HE TOOK THE RENT FOR THE PERIOD OF ONE YEAR AND HE IS STAYING SINCE 1991 ON A STAMP PAPER WHICH IS NOTARIZED. NOW MY FAMILY MEMBERS ARE IN DEPRESSION AS TO WHAT SHOULD BE DONE TO THIS.

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R.K Nanda (Expert) 10 December 2014
consult local lawyer.

Ankur Bansod (Querist) 10 December 2014
THANKS SIR. AND I AM TRYING FOR THAT. I JUST WANT TO KNOW WHAT ARE THE POSSIBILITIES IN THIS CASE??? WHETHER WE LOSE THE PROPERTY OR NOT. CAN V GET BACK OUR HOUSE OR NOT????

Ankur Bansod (Querist) 10 December 2014
ON WHAT GROUNDS WE CAN???

Guest (Expert) 10 December 2014
First Try to Sort it Out Amicably with the Help of Local Good VIPs.Failing which Consult Local Good Expert Advocate and Take Legal Proceeding where there would be No Time Assurances

P. Venu (Expert) 11 December 2014
You can file a case for getting back possession on bona fide grounds.

Rajendra K Goyal (Expert) 11 December 2014
You can file eviction suit, consult local lawyer. Eviction suit takes time to decide.

malipeddi jaggarao (Expert) 13 December 2014
On grounds of requirement of premises by you/your brothers, you can serve a legal notice giving reasonable time to vacate the house and if no positive result file eviction suit, for which you need to consult a local lawyer.

Ankur Bansod (Querist) 13 December 2014
Thanx Sir.

But can you please tell me whether the written statement on notarized stamp paper given by my middle brother that he is residing in the same premises since 1991 affect or not???

malipeddi jaggarao (Expert) 13 December 2014
What is the value for such stamp paper when your brother is not residing in those premises in reality? Ignore it.

Ankur Bansod (Querist) 13 December 2014
Thanx Sir.

Can we mortgage the same to the bank?
will this have any effect in filing a case against him or eviction suit???

malipeddi jaggarao (Expert) 13 December 2014
Mortgaging the property and filing eviction suit against tenant are totally different aspects and do not have any link.
But for mortgaging the property to the Bank, all the legal heirs should join for the same. One of your brother is hostile. You have to obtain legal heirship certificate and bank will send all the documents for their legal expert opinion and accepting the property for mortgage or not depends upon his opinion. He may ask you people to mutate the property in your name, which might not have done till now.

prabhakar singh (Expert) 13 December 2014
Mortgage without possession is possible provided the Bank agrees.

T. Kalaiselvan, Advocate (Expert) 15 December 2014
You may consult the bankers for mortgaging ideas of your property.

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