Monday, August 23, 2010

Anybody who can give a legal advice regarding landlord ant tenant problem?

My grandmother gave her house on rent to a family without any written agreement. She was living in her own house in which our tenants were also residing at ground floor. my grandmother had a severe heart problem , diabetes, and also an obesity patient. she asked the tenants to vacant the house as she cant step up to the first floor but the tenants despite of our pleading request filled a suit against my grand mother,my father and my uncle for permanent injunction . on the basis that we are troubling them . but we asked them to vacant our house numerous times but they entirely ignored our requests


please help my grandmother. if possible give me advice how can we get our house back.Anybody who can give a legal advice regarding landlord ant tenant problem?
The mistake your grandmother did is to let out her house on rent without written agreement. Any way, you can take advantage of this fact. Since you are the owner of property legally %26amp; must be having valid documents, you may force them to vacate the premises. You can initially persuade them verbally to vacate and if they do not heed, then you can lodge a complaint with the police on stating that they are encroachers or tresspassers. But you must remember that you can do so, only if your grandmother has not issued any official receipts for the rents paid. If she has issued receipts, then your case weakens.





In any case, it is more advisable to get back the premises by a fake threatening (without meaning it) or politely persuading them to vacate. Otherwise, if it becomes police case, it may involve lot of hassles and tension and time consuming. You can this use it as a last resort.Anybody who can give a legal advice regarding landlord ant tenant problem?
Lands/house buying and selling a big question mark legally due to cheating by the people in India.


Tenents, owner problems cannot be solved due to cheating by tenents and owners; SOLUTION: steamlining of legal system required.





In your case, you can contact your area police department for action. If police department cannot solve it then you have to sell the house and vacate the tenents. SOLUTION: steamlining the indian legal system is required.





Legally speaking Indian law is a cumbersome process wherein lots of money goes off everywhere for all the rich people/middle class people and for the poor people. It will take several months/years for settlement of properties in India.





SOLUTION: If you do not know how to solve it legally sell the property
I think your up the creek on this one. Because no written agreement was made. Also because the house does belong to you (grandmother) it is possible for them to claim squatters rights in which case you will need to go to a court to get them removed. However Since there is no written legal agreement, I really don't see how they can file a suit for permanent injunction.


I can think of 2 solutions, One is that since the house does belong to you, you strong arm them out. Since you should have copies of all the keys, wait until they are all out, then move their crap out onto the street, and change all the locks. If they try to force themselves in, call the police and say they are breaking and entering. Theoretically the law would be on your side since they have no written protection.


The other is of course to get a court order, forcing them to move.


Personally I prefer the first method, as it will really piss them off. I have a feeling that either of these will be complicated if your tenants have children though.


Also bare in mind that a court order to remove them could take months.





I would also advise you to seek professional legal advice, as I am not a solicitor.

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