they cannot claim ownership of that property,if they refuse to vacate u can evict them by filing respective rent control acts of the state.

So, can he ask them to sign a rental agreement and if they don't, can he ask them to vacate?

 

As of now, there's no rental agreement in place ... though they deposit about 3k every month...

 

Best Regards

if you want the possession u can ask them to vacate, or if you have no reservations in continuing with them u can go ahead and regularise things, in that case go for LEAVE AND LICENSE AGREEMENT

Hello Sir,

 

Thanks a lot for clarifying ...

 

He is planning to tell them to sign an agreement .. if not, vacate ....

 

We were planning on rental agreement .. thanks for clarifying it should be leave and license agreement.

 

Best Regards

Since the occupiers are residing in the demised portion of the property for more than 15 years without rent their right for residency falls under the Law of Adverse Possession,so eviction is not possible. Even if you now convinced them to enter in an agreement for leave and license it will be of no value because of existence of direct and indirect proof of long term residency without any rent.

kindly go thru supreme court observation with regard to law of adverse possession, which is suppose to be outdated law as of now.

Supreme Court on adverse possession.

 

3

It is better to advise them to vacate the premise, if they donot agree to it, issue a legal notice and then also if they do not vacate, file a suit  for ejectment. L & L agreement will prove disaster in the future.

It is to be bear in mind for consideration that the owner of the property executed a POA  in favour of the occupier who is in close relation to the owner. The entirety of the facts on records shall go in favour of the occupier.  HENCE, PROPOSED TENANCY OR LEAVE AND LICENSE SHALL BE TREATED AS FALSE COLOUR. I am afraid to say  Judges are also men of the society and by application of their judging acumen they can easily understand the tricks if adopted by any litigant.

i totally contradict the version extended by the above said lawyers,1,The owner had cancelled the POA executed to the tenant on his return from abroad ,2, confirming his tenancy he had started paying rent for the past 3 months, 3, Time and again honble supreme court had come down heavily on tenants saying that even if they reside for 99 years ,tenant is a tenant and cannot become a owner, and cannot claim title ship of the property so where is the question of events turning out to be a disaster, and treating it  as a false color.

i totally contradict the version extended by the above said lawyers,1,The owner had cancelled the POA executed to the tenant on his return from abroad ,2, confirming his tenancy he had started paying rent for the past 3 months, 3, Time and again honble supreme court had come down heavily on tenants saying that even if they reside for 99 years ,tenant is a tenant and cannot become a owner, and cannot claim title ship of the property so where is the question of events turning out to be a disaster, and treating it  as a false color.

In reply to query no.1. I SAY YES. legal problem shall arise.

In reply to query no.2. I SAY NO they cannot claim ownership of the property but they can claim right to possession.

In reply to query no.3. I SAY YES they can prove they were paying rent.

Lastly I conclude saying that legal differences between experts will not help the querist in any way.

1. It was a wrong step to ask for or accept rent now without entering in to an agreement,

 

2. If it is established that he is paying rent, then it will take years for your Uncle to evict them with due process of law,

 

3. They can not legally claim ownership of the property  now since they have already  accepted their status as a tenant by paying rent,

 

4. Selling the property with tenant will be a difficult task for your Uncle.

 

 

Adv K.K.Ganguly

High Court,Calcutta 

I disagree with Biswanath roy and completely agree with Adv. Raghavan.

I disagree with Biswanath roy and completely agree with Adv. Raghavan. Go by true facts of the case. Do not complicate the issue. Give a legal notice to the tenant saying that the portion was given to him as oral tenancy, later since few months the tenant is paying rents to you. Direct him to vacate as per your local tenancy laws or T.P. Act whichever is applicable. Depending upon his reply, take appropriate steps. There is no need to execute any deed. If the tenant voluntarily comes forward to execute it is better to execute. Or in the contrary the tenant claims adverse possession, it is very easy to the owner to establish that he is a tenant with postal letters, witnesses, circumstance evidences etc.