Unauthorised person occupied our property.
kartik
(Querist) 03 May 2015
This query is : Resolved
i have property in industrial area. along with machinery. i have given both property and machine to a known person on trust on rent. i have not done any agreement yet nor paperwork. its been one month.now he is not giving me any rent and not leaving my property either.and when asked to leave, he is threatening to harm us. what should i do? is there any law to help us? or should i file FIR? please help.
Devajyoti Barman
(Expert) 03 May 2015
It is a civil dispute and hence no FIR can be registered.
You can file suit for eviction of licensee.
kartik
(Querist) 03 May 2015
thank you sir for quick reply.
how much time it will take to get my property evicted? and what are the grounds he is having to stay in my property ?
M.Sheik Mohammed Ali
(Expert) 03 May 2015
civil suit take minimum 2yrs, best way you can lodge a complaint at police station, with aforesaid fact, where are you from ? if you are in chennai call me.
Dr J C Vashista
(Expert) 04 May 2015
You did not execute any agreement/rent deed/ MOU etc. and handed over the property (building with machinery) especially for a business-person like you seems to be hypothetical and unrealistic?
T. Kalaiselvan, Advocate
(Expert) 06 May 2015
You can approach local police against that person for criminally intimidating you and also for squatting illegally in your property.
Rasik Dagli
(Expert) 06 May 2015
This is a Civil matter and FIR can not be filed.You first address a Notice asking to pay rent and also terminating rent agreement. (It can be oral agreement also).On his failure to pay rent and vacating the same, file a Civil Suit. Better to engage a Lawyer for this purpose.
Rasik Dagli
T. Kalaiselvan, Advocate
(Expert) 06 May 2015
Civil remedies in the absence of any proper evidence will not fetch you desired results especially when the period of occupation in the premise is hardly a month, hence you were advised to approach local police for a nuisance and criminal trespass case, this will mount pressure on him who in turn will arrive to the compromising platform.
