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How to deal with illegal possession of property
04-Jun-2023 (In Civil Law)
We have a property in howrah, WB. We have rented out the 1 Room kitchen falt to one person. He is not paying the rent since 2007, neither he is communicating to us. He have locked the room and untraceble. Last month when we tried to get the possesion of room, we came to know that he has selled to some other person in the same building. We are shocked by this. The property is in my mother's name and she is staying in Lucknow. She is very old and cant move to Howrah to fight the legel battle. The so called 2nd owner of room have filed a false caseagainst my mother. Please advice what to do in this case.
Madam/Dear Sir,
Since your mother is an old lady living in Lucknow, we would advice you to take a power of attorney in your name and file a suit for eviction of the trespasser. You cannot oust him by force (as he may frame criminal charges against you) and you have to obtain a decree of eviction from Court. There is absolutely no other option. Such suits for eviction of trespassers does not get dragged on for long. Please contact us for more details.
Since your mother is an old lady living in Lucknow, we would advice you to take a power of attorney in your name and file a suit for eviction of the trespasser. You cannot oust him by force (as he may frame criminal charges against you) and you have to obtain a decree of eviction from Court. There is absolutely no other option. Such suits for eviction of trespassers does not get dragged on for long. Please contact us for more details.
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Adv. Abhishek Dutt
Kolkata | 100+ Answers
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Dear client ,
As per your detail and in response to your question I would like to suggest that in your case you can file a suit for eviction of trespasser against the present person who is in possession or if there is chances that your previous tenants may come for his help in that case you can file a suit for eviction of a tenant on the ground of subletting your original; tenant making the present person party to the said suit.
As per your detail and in response to your question I would like to suggest that in your case you can file a suit for eviction of trespasser against the present person who is in possession or if there is chances that your previous tenants may come for his help in that case you can file a suit for eviction of a tenant on the ground of subletting your original; tenant making the present person party to the said suit.
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Adv. Vikram Ojha
Kolkata | 200+ Answers
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Until knowing the entire so called false case which the 2nd owner have filed against your mother, no exact advise will be right in this regard. However, your mother have every right to cancel the sale Deed of the 2nd owner if any. or to recovery the possession of the room by filling Suit against both the person i.e. Tenant and 2nd Party or only against the 2nd party who presently occupy the room.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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