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Unmarried tenant dead relatives troubling us how to get possession


25-Jan-2023 (In Landlord/Tenant Law)

Sir i have a property in new delhi. My grandfather had given the ground floor on rent in 1981 without any rent agreement. The lady who was staying is unmarried and was staying all alone with servants. Now she is dead and we have got to know that a relative family of hers is trying to settle in our ground floor without our consent. How can we get the posession of our ground floor and what if that family tells us that there daughter was adopted by our tenant and she has asked them to stay. The rent is 2500rs so they do not come under rent act and they have not paid the rent of last 3months.

Answers (2)

Answer #1
772 votes
Please note that with the above mentioned rent of Rs. 2500/-, the property seems to fall within the ambit of Delhi Rent Control Act, unless it is exempted under some other provisions of the Act which are not capable of being made out with the given set of facts. Consultation on the matter advised.
Answer #2
610 votes
A very good day to you!!
Initially a legal notice may be sent to them through an advocate, firstly, for dispossession and secondly for the arrears in rent for the last 3 months. In case they do not act upon your legal notice, you can file a suit against them for the same in a civil court. In any case tenancy rights cannot be transferred without the express consent of the landlord of the suited property. I hope this gives you clarity and helps you decide a way forward. Looking forward to hearing from you.
Regards,
Advocate Ishita Yadu

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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