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Evicting licensee with stay on a property having 2 cases on it
12-Jan-2023 (In Civil Law)
We gave our house on L&L basis in 2015. We made a normal notarized agreement instead of a registered agreement. The house is on my mother's name. My mother passed away in 2016 and my father passed away in 2017. We renewed the agreement orally till 2018. When we asked the licensee to vacate the house in 2018, initially he agreed but then said that I should pay him 3 lakh INR.
We put a eviction suite in competent authority court in Bandra. Then, he put a RAD suit in small cause court.
My query is: many people are asking me bring a stay order by which he will be evicted from the house, and, neither me, nor him can occupy the house till the above case is resolved. I want to know if that is possible; and; if yes; what is the procedure; what will be the cost involved and how much time will it take.
if the house is in the name of your deceased parents, you should ideally get a legal heirship certificate from the high court.
in the meantime, let the matter in bandra court be as is.
it is not true that till the time the matter is not resolved both of you cannot reside in the property in dispute.
in the meantime, let the matter in bandra court be as is.
it is not true that till the time the matter is not resolved both of you cannot reside in the property in dispute.
Helpful?
Adv. Garima Anil Mehrotra
Mumbai | 500+ Answers
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1)You can defend all suit and claim mesne profit (Meantime income from property) can be earned from that property.Opposite party is trespasser and possessing property illegally.
2)You can definitely win cases pending in court.But meantime you can apply legal heir succession certificate from High Court of Bombay.
3)In suit you can file Notice of motion regarding possession of property till disposal of suit or ad interim relief till disposal of suits.
4)If that person is in possession of property therefore court cannot direct him to vacate his possession till disposal of suit.
2)You can definitely win cases pending in court.But meantime you can apply legal heir succession certificate from High Court of Bombay.
3)In suit you can file Notice of motion regarding possession of property till disposal of suit or ad interim relief till disposal of suits.
4)If that person is in possession of property therefore court cannot direct him to vacate his possession till disposal of suit.
Helpful?
Adv. Sandeep Shamrao Pingale
Mumbai | 400+ Answers
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