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Tenants occupying our ancestral shops.
14-Jun-2023 (In Property Law)
There are 2 shops adjascent to each other. They are in the name of my grandfather who passed away in 20 years back. One tenant sells grocery and other one has set up a dry cleaning shop. My grandfather gave them in good heart to earn money through our shops. They used to pay minimal rent. They stopped giving rent after the death of my grandfather and we never asked for it as well. Now the one selling the grocery died but his sons have taken over that shop. If we ask them to vacate they will ask us for money in return quoting that now they are the owners as per the 12 years land law. My father doesn't have money to pay them to vacate and the question is why should we even pay if they are our tenants? What can we do to vacate the shops. Additionally can't we take a compensation for the years for which we didn't collect the rent? Thanking you in anticipation.
There is no law of 12 years which makes a tenant a owner of the property, no matter what happens. You can certainly seek possession of the said shops, depending upon the amount of rent, the case can be filed either in Rent Controllers court or in normal civil court.
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Adv. Harshit Jain
Delhi | 100+ Answers
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Adverse possession can only be claimed after the expiry of 25 yrs of uninterrupted possession by the person. Since, this is not the case, they can not claim ownership as to the shops. For, that you have to send an eviction notice through an advocate seeking eviction, possession and rent for the period thereof. In case this dont suffice our requirement, A case for possession and title will be filed.
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Adv. Yuganshu Sharma
Delhi | 400+ Answers
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