Tenant is not vacating the house since last 4 months

File an eviction suit in court.  Consult a local lawyer.

Yes,you have to initiate legal action against her ( tenant ) for recovery of tenanted premises.Consult to local lawyer for appropriate action.

Thank you sir. If eviction suit is filed, how long it takes to vacate her approximately?

No one can predict qua time to be taken in delivery of verdict.

This is not a criminal offence, you may have to approach a civil court/rent control court alone for evicting her.

If the original rental agreement was executed by a registered document then you can file an eviction petition as per the latest rent control act whcih will enable you to get her evicted expeditiously. 

Hi,

Agreement was done by old owner(seller). As we wanted to move to the house, we didn't make any agreement. Just we have been asking her to vacate.

You have not replied that if the original rent agreement was executed by a registered deed or unregistered document.

Because to file an eviction suit the rental agreement should have been executed by a registered document alone.

The landlord is the lessor whereas the tenant is the lessee, who is bound by a contractual relationship. A landlord is someone who owns one or more properties, such as flats or apartments, and leases such property to tenants. The landlord leases his property to a tenant by way of a tenancy agreement. While it’s typical that a lessor owns and maintains the residential property, the term can also be applied to the owner of commercial real estate.

The term landlord represents any person who under a contractual relationship is receiving, or is eligible to receive, a rental fee in respect of any properties, let for residential or commercial use, either for himself or on behalf of someone else, who would so receive the rent if the premises were let to a lessee. In this article we will be discussing the Legal Rights and Duties of Landlords in India.

Hi Sir,

Rental agreement is written on the  Rs.100/- bond and notarised by the advocate. I am not sure if it's registered agreement or not.

Regards,

Ram

Any update ram, did you get a chance to move them out? I am in the same situation too

The rental agreement executed on a ₹100/- non judicial stamp paper is an unregistered agreement. 

However you can produce that as a documentary evidence in the eviction suit that can be filed under transfer of property act. 

You can discuss with your advocate and proceed as suggested.