Provisions to vacate the property
Jay Shah
(Querist) 30 January 2012
This query is : Resolved
Sir/Madam
I have one property in Gujarat, which is currently in possession of a tenant. And now I want him to vacate the property as I want to sell it. So can you guide me for like what are the legal formality which I need to fulfil.
M/s. Y-not legal services
(Expert) 30 January 2012
your query need some particulars..
is any rental agreement still in force?
is any default from the tenant side?
because., without any default or while a rental agreement in force you cant evict him.. whatever may be you have to issue a legal notice by claiming the building for your own purpose..
or if the buyer ready to continue the tenant mean the tenant can continue his tenancy..
-tom-
Devajyoti Barman
(Expert) 30 January 2012
1. You have to first send him a notice of eviction under the local Rent Act.
2. After expiry of one month you have to file suit for eviction of tenant on the ground of
a) bona fide requirement
b) default in paying rent etc.
However do bear in mind that tenancy is not a bar to sell the property and if the prospective buyer is ready to purchase the property with the tenant then you can well go ahead with the deal.
adv. rajeev ( rajoo )
(Expert) 31 January 2012
Issue notice u/s 106 of transfer of property act to vacate the premises by giving him sufficient time. If he didn't respond to your notice or denied to vacate then file a suit for eviction.
V R SHROFF
(Expert) 31 January 2012
Shri Barman,
"bona fide requirement"
I had one case, eviction order was passed in RAE suit, and matter was in Appeal, when it came to me, and I found, he evicted for selling it.
It clearly proved, "NO bona fide requirement"
AND TENANT IS IN POSSESSION TILL DATE AT ANDHERI FLAT COST 2 cR. IN MUMBAI
So in dream too, Landlord should not issue such notice, that evict it, I want to sell.
Jay, you can sell property along with tenancy right.
certainly you will get lesser amt.
Shri Jay Shah, it is a very tough job.
Raj Kumar Makkad
(Expert) 31 January 2012
Shroff
Barman has no where told to issue the notice on the basis of proposed sale rather the ground is bonafide need and all courts deem it a fit reason for the eviction. I have also dittoed the reply.
V R SHROFF
(Expert) 31 January 2012
yes, Raj,
Shri Barman he did not say sale as requirement. He mentioned issue notice.
However, this eviction is next to impossible.
Notices etc are useless.
RAE suits takes decades and fail.
Compromise & settlement is the only effective method
Raj Kumar Makkad
(Expert) 31 January 2012
If no compromise arrive between the aparties then what is the remedy dear Shroff?
M V Gupta
(Expert) 02 February 2012
The querist may check if it is not an agreement of license under which the present occupant is enjoying the premises. Because, in Gujarat the normal practice is to execute a license agreement as all are aware that it is difficult to get back the property from a tenant. If it is an agreement of licence, then revoke the licence under the provisions of the agreement and evict the licensee.
M V Gupta
(Expert) 02 February 2012
The querist may check if it is not an agreement of license under which the present occupant is enjoying the premises. Because, in Gujarat the normal practice is to execute a license agreement as all are aware that it is difficult to get back the property from a tenant. If it is an agreement of licence, then revoke the licence under the provisions of the agreement and evict the licensee.
Jai Karan Nagwan
(Expert) 02 February 2012
Dear all, before giving all valuable suggestion, queriest shall clear that what is the quantum of rent he is taking, whether any written document is in existance related to property. there after one can reach to the conclusion that whether the case falls in the jurisdiction of rent controller or civil court.
Adv. Sunil
(Expert) 04 February 2012
Dear all,
Mr. V. R. Shroff's advice is practically true and sound. Rather than instituting a regular rent / eviction suit, which is a long procedure, it is always advisable to get into a Settlement.
@Dear Raj: If no comprmise than we have the legal remedy available but why to invoke legal remedy, which will take a long period, when we have other ways available to us.
Jay Shah
(Querist) 05 February 2012
sir i would like to add that there is no written agreement made from last 5 to 10 years and it was my grand fathers property and he used to take Rs.45 as rent n also we are not receiving any kind of payment from the tenants from last few years so we have planned to sale that property by removing the tenants. (the property is in UPELETA - Gujarat)its a shop
Jay Shah
(Querist) 05 February 2012
sir i would like to add that there is no written agreement made from last 5 to 10 years and it was my grand fathers property and he used to take Rs.45 as rent n also we are not receiving any kind of payment from the tenants from last few years so we have planned to sale that property by removing the tenants. (the property is in UPELETA - Gujarat)Its a shop
V R SHROFF
(Expert) 05 February 2012
possession is main consideration.
compromise i fast and effective remedy.
prabhakar singh
(Expert) 09 February 2012
Before going into discussions of experts the questioners is requested to tell:
1)Do you have any agreement in writing with tenant?
2)Is your building regulated by Urban Tenancy Act of Gujrat??
If you do not know answers to these two questions,better visit a chamber of lawyer in District where property is located.
M V Gupta
(Expert) 10 February 2012
Issue a legal notice through your Advocate to the tenant damsning vacation of the shop on griund of default in payment of rents. If he does not vacate, you will have ot file suit for evicton on grounds of default in payment of rents. Also u may mention that u are in personal need of the shop for ur own use. Sale is not a ground for eviction of the tenant.
