Father expired now tenant not vacating land in which father landlord
04-Apr-2023 (In Landlord/Tenant Law)
Sir/Madam,I was gifted a property from my father 2years ago.The tenant in the said property has a expired lease agreement with my father as landlord.Till now i have not done a lease agreement in my name as new land lord.Now i want to vacate the tenant.Can i directly approach the court for his eviction?Should i have a lease agreement with the tenant?Thanks all in advance.
Since you have a gift deed you can directly approach court. But legal notice must be issued to tenant terminating tenancy before filing case . Since you have stepped into the shoes of ur father the tenant will become ur tenant
Helpful?
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First you will have to issue legal notice u/s 108 of TP Act , instructing the lessee to vacate the property within 2 months. If he didn't vacate the property, they file a suit for eviction.
You cannot file a suit directly without issuing a notice.
You cannot file a suit directly without issuing a notice.
Helpful?
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You can file a case seeking for eviction against the tenant even the absence of the lease agreement. On the basis of the gift deed executed by your father you can claim ownership of the property and seek eviction.
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