shaikh (Engineer) 03 November 2015

Tenant not vacating

Hi Experts,

I have given a flat in Navi mumbai area for rent. The agreement is registered via my power of attorney.

He is bouncing the rent cheques and at the same time not vacating since last 6 years..Please let me know once his tenancy agreemet expires . Can i put other tenant in his place even if he does not vacate.. or can i sell the property ..

Even after the tenancy expire , will he still be considered a tenant..?

I heard the cases take very long , as i am out of station and managing thru POA it will be diffcult for me to follow thru case ..

thanks

shaikh

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Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 03 November 2015

Sir,

You need to file an eviction suit against the tenant, becasue since he is in settled possession you cannot throw him out without the due process of law, Better is file 138 NIA, Send a notice to him for vacating the property and File a criminal complaint for Criminal Treaspass.

Yes you can validly sell the property, but the buyer would insist on the immedaite possession of the same and there the problem comes.

Warm Regards

Kapil Chandna Advocate

9899011450