Vacating a house.
P M Awate
(Querist) 22 December 2012
This query is : Resolved
Dear Sir,
I am a batchelor, employed in Mumbai for the last 32 years. My parents were staying in Pune. Mother expired in Sept. 2009 and Father in Oct. 2012 (recently). After my father's retirement in 1980 (He was more than 90 at the time of his death) my parents were staying in a car parking garage of a tenant. The tenant of a flat is having a separate closed car parking garage and a servant room. The tenant allowed my parents to occupy his garage for staying since 1980s. No rent was charged as my father served the tenant and his father durng their service as a government servant/driver. While allowing to stay in the garage, the tenant had taken some money (PF amount of my father's retirement) from my father for his business and allowed to stay since 1980 till now i.e. for more than 32 years.
The tenant now wants the garage / house to be vacated where my parents were staying for the last 32 years and I was also staying with them whenver I use to visit them. The house is locked for the last two months. The tenant is not the owner of the house/garage. He has asked me to vacate the house (by sending SMS) within 10 days failing which he says he would vacate it himself on the 11th day.
In mumbai I am staying in my employer's quarters and I am due for retirement after 3 years and want to stay in the said house thereafter. However, the tenant wants it to be vacated immediately.
Can the tenant break open the house and take custody of the same in my absence?
Please advise me any remedial suggestion to this.
Can anybody reply me early?
With Regards.
Prabhakar M.A.
(pm.awate@yahoo.co.in)
ajay sethi
(Expert) 23 December 2012
no tenant cannot break the lock and throw your belongings . file police complaint against the said tenant based on sms received by you . contact a local lawyer in pune
Devajyoti Barman
(Expert) 23 December 2012
Go to a civil court and file a suit for declaration of tenancy and for injunction against forceful dispossession.
