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johanfernando   16 May 2015

Landlord rights for eviction of tenant

Hi.

I tried to find the laws of Landlord and Tenants in case of Renting in India.

I found some parts of the british law that i hope also is in use in India. (i hope  for my case :)

Most of the worlds Tenancy and Renting laws says that the Landlord needs to

1. Send a eviction notice for 30 days to the Tenants (does not matter if they have contract or not)

Default monthly to monthly contract is inforced if no written contract.

2. After 30 days the Landlord need to take the case to Public court and are not allowed to evict or harras the tentant before the court hase given judgment.

Except : If the Landlord sharing toilet, or bathrome, kitchen with the Tenant. Then the Landlord according to UK law can evict the tenant without court order after 30 days has passed of the eviction notice.

Please is this also in India? It would really help me. Cos i am living in a not completed house, with no bathrome, no toilet. Its in the tenant house and that house land. (but the property is owned by my father)

 

So basicly as Landlord son i am living in a sh*t house, and the tenant living in a good house with all facilities.

 

 

 

 

 



Learning

 4 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     16 May 2015

Foreign laws on binding on Indian courts. You have to serve legal notice first and thnt proceed legal proceedings.  Your grounds should foudned on the base 1] You have no other suitable accommodation on your own to live in. 2} Default in monthly rents

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     16 May 2015

Foreign laws on binding on Indian courts. You have to serve legal notice first and thnt proceed legal proceedings.  Your grounds should foudned on the base 1] You have no other suitable accommodation on your own to live in. 2} Default in monthly rents

Kishor Mehta (CEO)     16 May 2015

Sir, In India different States have different Rent Acts governing the relations between a Landlord and a Tenant. Please contact an advocate who is conversant with the Rent Act of the State of your residence, he will be able to advise and guide you properly. Good Luck, Kishor Mehta

T. Kalaiselvan, Advocate (Advocate)     18 May 2015

As rightly observed, the tenancy act differs from one state to another in India itself so there is no question of applicability of any foreign country law in India in this regard.  Generally speaking, one should adopt the due process of law to evict a tenant from the tenacy.  Therefore it is advisable to consult a local lawyer who is conversant with the local tenancy rules and proceed as per his further advise if found suitable. 


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