Tenant is not leaving our house.
AYAN
(Querist) 01 November 2012
This query is : Resolved
we gave a flat to a tenant . there was a rental agreement in 2005.the renatal agreement renewed in 2008. but now tenant is not leaving our flat.in the last five months(from 2012 june to 2012 november)they have not paid any rent.
how to evict the tenant?
we are really afraid that if the tenant does not go out from our flat can the tenant claim ownership?
is there any such rule that a tenant can claim ownership?
can any tenant claim ownership if they live long?
can the property (where the tenant is living) will be mutated in the tenant's name if a tenant live in the property for long time? is there any such rule?
I am really afraid. How to evict him?please suggest.
Arvind Singh Chauhan
(Expert) 01 November 2012
Take the help of lawyer. Issue legal notice, to him terminating the tenancy and and to vacate.
stop receiving rent.
AYAN
(Querist) 01 November 2012
MR. ARVIND,
can any tenant claim ownership if they live long?
can the property (where the tenant is living) will be mutated in the tenant's name if a tenant live in the property for long time? is there any such rule?
Arvind Singh Chauhan
(Expert) 01 November 2012
Yes if tenant remain in uninterrupted possession for more than 12 years he gets prescriptory right over such property.
AYAN
(Querist) 01 November 2012
DISASTER WHAT A BAD LAW-----------
THERE IS NO LOGIC
AYAN
(Querist) 01 November 2012
I CAN'T UNDERSTAND HOW TENANT CAN GET PRESCRIPTORY RIGHT?
IF THE LANDLORD HAS HIS LEGAL HEIRS(WIFE,SON)THEN HOW TENANT SHALL GET PRESCRIPTORY RIGHT?
Dr J C Vashista
(Expert) 02 November 2012
Seek rent expert's services, it is a state subject, rent laws differ.
However, issue legal notice terminating tenancy and ask tenat to vacate and pay arrears of rent with mesne profits and damages.
prabhakar singh
(Expert) 02 November 2012
ONE WHOSE ENTRY ON PROPERTY IS PROVED BY CONSENT OF OWNER CAN NOT CLAIM TITLE TO PROPERTY ONLY BECAUSE HE HAS CONTINUED IN POSSESSION FOR OVER 12 YEARS.
SO TENANT OR LICENCEE CAN NEVER BECOME OWNER
BECAUSE OF HIS DEFACTO POSSESSION FOR 12 YEARS.
BUT LAND LORDS SHOULD ALSO NOT IGNORE SUCH DEFAULTS FOR LONG AND MUST SERVE BY REGISTERED POST ONE MONTH NOTICE UPON TENANT ON DEFAULT BY TERMINATING THE TENANCY,DEMANDING ARREARS OF RENT AND DAMAGES FOR WRONGFUL USE AND OCCUPATION.
ON NON COMPLIANCE OF NOTICE,SUIT MUST BE FILED.
prabhakar singh
(Expert) 02 November 2012
IF THE MATTER IS IGNORED FOR LONG AND PROOF OF TENANCY,THE AGREEMENT GETS DESTROYED,THEN?
A BIG PROBLEM FOR HEIRS(SON/WIFE)
Devajyoti Barman
(Expert) 02 November 2012
There is ground for eviction. Do engage an advocate, send notice of eviction through your lawyer and then file suit for eviction for bona fide need of the tenanted premises.
AYAN
(Querist) 02 November 2012
it is not good.this law should be changed.
prabhakar singh
(Expert) 02 November 2012
THERE IS NO SUCH LAW THAT MAKES A TENANT OWNER BECAUSE OF LONG POSSESSION I TOLD YOU.
AYAN
(Querist) 02 November 2012
to mr. pravakar singh
but sir, mr arvind is telling that tenant gets ownership after 12 years .why is he saying this?
Dr J C Vashista
(Expert) 03 November 2012
A tenant can never get title i.e., OWNERSHIP rights, even after 12 or 50-100 years. Tenant is, was and will remain a licensee
V R SHROFF
(Expert) 03 November 2012
Ayan,
u stated " there was a rental agreement in 2005.the renatal agreement renewed in 2008"
It means you entered into Leave & License Agreement for 3 years and reneed it.
There is difference between Rental {Tenant} and Licensee under LL Agr.
If u r collecting Rent, he is Tenant.
If u r collecting compensation under LL Agr, Rent Act do not apply.
First Be clear, what Agreement you executed? , and where.
As far as Ownership is concerned, Tenant cannot become Owner.
I FULLY AGREE WITH THE VIEWS OF SHRI PRABHAKARJI. I agree with Shri Barman , you can send Legal notice to evict.
But clarify, LL Agr or Tenancy Agr? Was it Registered??
Initially Law was enacted in Bombay to protect homeless poor workmen in city, who were textile mill worker. But is is misused to the extent that no new residence available on rent in Mumbai. Large Pagdi amount. Lots f flow of black money, Rent Rs. 50 p.m. & Pagdi 5 cr. !! Old Shops in prime area are on Rental basis, & no one vacate it.
Labour Laws protected their Jobs, at the vcost of Jobs. No more Textile workmen job in Mumbai.
No more rental rooms in Parel/ Lalbaug for them. LAWS WITHOUT JUSTIFICATION.
AYAN
(Querist) 03 November 2012
to mr. V R SHROFF
SIR IT IS AGREEMENT FOR LEAVE AND LICENSE
THAT PERSON IS REFUSING TO VACATE THE FLAT.
THE AGREEMENT OF 2008 ENDED.
BUT HE IS NOT GOING FROM THE HOUSE.
CAN YOU PLEASE TELL ME HOW TO VACATE THE FLAT?HE IS THREATENING US.
HE IS TELLING THAT HE WILL NOT LEAVE.
CAN HE CLAIM OWNERSHIP IF HE STAYS MORE THAN 12 YEARS?
I AM REALLY AFRAID.
Dr J C Vashista
(Expert) 04 November 2012
Ayan,
Donot worry, your tenant cannot acquire title of demised property. Seek local lawyer,s seervice and stop putting further questions before the Learned forum.
Sudhir Kumar, Advocate
(Expert) 18 November 2012
if eviction case is delayed for long then prescription law may operate.
Abusing the law on this forum (even if unjust) is not a solution. This forum is not to change law.
AYAN
(Querist) 20 November 2012
to mr. sudhir kumar
YOU STATED "if eviction case is delayed for long then prescription law may operate."
HOW LONG is the time period?
Bhaskaran Advocate
(Expert) 22 August 2017
Prescription law or adverse possession does not hold a good ground for claiming ownership. It could be useful for a govt property not for pvt property.
Government property means a land which the government does not use and is free from all encumbrances.
This is how free sites are given.
