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Adv. Sunil (PARTNER)     06 April 2011

Regarding Eviction

Respected Members,

Though i have solve innumerous queries and problems i am finding myself puzzled in my very own family tree and thus I am bothering you all to solve this problem of mine.

My Grandpa was Owning a Plot of Land occupied by our Joint family on the 1st Floor and ground floor occupied by several Tenants having both Commercial and residential Units. He died leaving behind my Grandma and her three sons i.e. my dad and two uncles. My dad is having two siters, but as a Rajasthani family we presume that the Daughters do not concern for their rights as they are having their own family.

My grandma is illiterate and 85 yrs old and is not able to look after the property. The rent, which is totalling to Rs. 1800 pm, is collected by us and paid to her.

All the tenants are tenants since many years and we have not questioned any tenant for anyrthing they do to the property as we are not concern for the ground floor. Now the scene is two of the commercial tenants had transferred their tenancy rights without permission of the land lady which was regularised by us later after accepting some premium amt.

Now One tenant out of these two tenants is harrassing us by sub-letting the premises to some local goons without our permission. We had objected but as the goons are handinglove with Police authorities they even dont help. However we managed to get out these unauthorised occupant. The premises is not been in Use since then. The tenant does not require the premises as he is having many stores at different places so to get rid of it he is tryiong to sell it again without our knowlege and make good money out of it.

Similarly there was one Tenant who used a commercial unit as Clinic, however since last 4 years he has locked the premises and is practising at other clinic in a posh area and is also practising abrroad.

Also there are couple of tenants whoi have left and gone top some other place without handing over the premises to us and have kept their relatives for a good amt of rent there.

Now i want to initiate action against the Illegal occupants and the tenants who do not have any interest in their properties but the issue is i am not the Owner but have a share in the property though the land lady will provide all the possible powers to me. Kindly provide ur experties how to move in this behalf.... u can alos contact me on 9819895456. Will assign the matter to an Advocate having sound knowledge of alike matters.

Jurisdiction is Mumbai.

 

 



Learning

 2 Replies

AAK (Advocate)     06 April 2011

as the property is still joint, a co-owner can initiate the process of eviction. Issue the notice of termination of tenancy and then file eviction suit.

mohammed qadeer.M (legal practitioner)     08 April 2011

ya i agree with Sri Ajit...sir issue a termination notice U/Sec106 of Transfer of property Act, then file a suit for eviction. Though, it may consume some time but it will be the successful solution for your problem.


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