what relief do u need ???
do you want time for vacating the place ?
or do you want them to repay the maintenance amount you paid ???
House eviction in which we are living for past 30-32 years
We are living in house since landlord family left the city 32 years back and told us to live till we want.we paid rent for first 18-20 years but sincewe didn't hear anynews from landlord nor did they ever visited to enquire so we stop paying rent and took care of the house as our own .we spent money on its maintenance whenever required but suddenly we came to know few days back thatlandlord son had made agreement of the house with other party without letting us know and he will be visiting the place after few days. so what is the legal steps that we should follow.
Asked 7 years ago in Property Law
Religion: Hindu
10 Answers
As you are residing in house since long back and you are maintaining and spent some amounts for maintenance you will be given first preference to purchase the house
Hi, if the landlord tries to disposes you from the premises , you should file sa civil suit permanent for permanent injuction .. Do you have any lease agreement any proof or receipts of rent paid by you??
Hello,
Since you have not been paying rent since last 12 years therefore you are in adverse possession of the plot.
Let him visit the place, he can not through you out forcefully and neither can he lodge a complaint in the police fore the same as it is a civil dispute.
He will have to file a suit foe injunction which will take 7-10 years to decide and since you have the adverse possession therefore you will have a good case to fight.
Regards
1) you cannot be evicted without due process of law
2) pay the rent arrears to landlord
3)if any eviction proceedings are taken against you contest the eviction proceedings
4) you would be informed by your landlord that he has sold the premises and to pay rent to new landlord
Being a Tenant though you have not paid the rent you can not claim the ownership of the property.
All you can do is file a case for not to evict you from the property without due process of Law before the Honourable Civil Court.
Let the landlord contact you. know his views . you have not mentioned what agreement the landlord has made with other party. legal course of action can be suggested only after the intention of the landlord.
Approach the civil court and seek a stay on alienation of the property.
Your possession at first instance will be given precedence, and will be protected.
Get in touch with a lawyer handling rent control matters.
Dear Client,
Since u r in to peaceful possession in the house for longer duration, by theory of adverse possession , u have also acquire valid title in the property. U cant be evicted without following due course of law.
Any sale will not, effect ur possession neither forcefully ousted. U have good claim in the house, also of maintenance charges.
What was the mode of payment of rent. And make sure that u stop payment at least from 12 years or more.
Court injunction is positive in ur case, if u file against eviction or alike. Don`t approach in the capacity of Tenant but adverse possessor in the court if necessery. or let the party approach the court than u file defense.
As you are a tenant, you will remain a tenant in that house for ever.
Though you have been living in that house for over 30 years, it is your fault that you never paid rent for the past 12 years or more.
Legally speaking, the landlord need not take your permission or consent to sell his house property or to let it out on rent to new tenant, however as a courtesy he should have informed you in advance to vacate the premises.
You can file an injunction suit before the jurisdictional court seeking to grant injunction restraining the landlord from forcibly evicting you from the property other than by due process of law.
Consult a local advocate and proceed as per the suggestions on all such further issues.
