Tenant eviction
hari
(Querist) 26 February 2010
This query is : Resolved
We have a family old property which is legally inherited by 10 members of my family. I'm one among them. We have a tenant in this property (living there for 25 years) who is occupying the premises with three shops and paying meagre rent (far below the market).
We desperately need the premises for demolition and reconstructing for our own use and getting tired waiting the tenant to evict. We discussed with him for some settlement and he keep on dragging the issue and never sits for serious discussion. Please advise how to handle the case. My family members are quiet and waiting for automatic resolution. Is that ok, if myself alone file a legal action against this tenant for eviction and how long the process will take and what advice you can give me.
regards
hari
ad. creaminall
(Expert) 26 February 2010
you can file a suit for eviction against the said tenant. But with the consent and on behalf of all the 10 members.for that purpose you should take the power of attorney from all 10 members.
Parveen Kr. Aggarwal
(Expert) 26 February 2010
If the property is situated in an urban area, eviction thereof will be governed by the provisions of the Rent Control Legislation applicable to your locality.
Ground of demolition and reconstruction is a ground of eviction in almost all the Rent Control Acts in case the demised property is in dilapidated condition.
You may alone file an eviction petition without associating the other co-owners in case any of them is not opposing the filing of such petition.
Sushil Kumar Bhatia
(Expert) 26 February 2010
Dear,
Mr praveen has properly advised you you can file case for eviction of tenant on the ground of your personal bonafide need and first to consult an advocate specialezed in rent control cases in your area
hari
(Querist) 03 March 2010
Dear Praveen and Bhatia,
Thanks for your great advise that I can alone file an eviction petition without associating the other co-owners as no one oppose my action.
Let me consult an advocate in my area. Do you have any recommendations of any active/aggressive advocate in Chennai?
Thanks in advance
regards
