since there is no will ,the property will be divided among legal hiers of the mother,who are the legal hiers of your mother kindly explain in detail for proper advice
Case of eviction of tenant u/s 14
it is a case of ancestral property with no will, my grand mother is the registered owner. The real tenant living alone in rented premises died in dec2012, her married son was living in other building in same area from last 5 years, after her son came in our rented premises for cremation work of his mother and began to live in the same rented room, and refused to vacate the room. my uncle filed the case in u/s 14(1)e drc act saying that the tenancy was terminated after the death of real tenant and her son occupied the premises cheated, falsely, forcefully and never accepted as tenant by the landlord. on the first argument in april his advocate stated the my uncle is not the owner of the property(as in last case in 1993 she made him threat by police where my uncle on plain paper in front of her advocate wrote that he is not the owner nor any concern with the property-as grandmother was alive in 1993) and he is called tress passer by landlord and has not accepted him as tenant hence the petition of eviction in not maintainable in DRV act and petition for eviction must be rejected, our advocated could not defend properly. will our petition be rejected. what should we do now.
Asked 10 years ago in Civil Law
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5 Answers
since the query lacks details a proper answer can not be be given. Nevertheless my opinion is that the petition under section 14(1) e, as you said was filed, was improper. This section is a ground of repossession for bonafide needs which was not a case in given facts. Now the situation is that after the death of your grandmother, her LRs are co-owner of property and any one of those can file an eviction petition on grounds under the DRC Act. If no rent has been accepted from the son of the erstwhile tenant and if you have proof that the son was living separately then you can file a suit for possession in a civil court instead of a petition before a rent controller under DRC Act
you can contact Mr Thukral for second opinion . since Mr Thukral is based in DElhi show him the complete case papers and based on his opinion take further proceedings . if you are dissatisfied with your lawyer you can change your lawyer if you so desire .
on death of grand mother your uncle is one of legal heirs to the house . as co owner he can file eviction proceedings on grounds mentioned in DRC Act
The real tenant old filed a case against my father and 3 uncles in 1993 that they are forcefully and harassing her to vacate the tenant room forcefully and harassing her. She made a police complaints against all of the 4, as she was not aware that the registered owner was my grandmother, all the 4 sons of my grandmother stated in front of advocate and wrote on a paper that they are not the owner of the property not any concern with the property so why they will harass her to vacate the room as they were govt servant they got afraid and wrote so. now in present case one co-sharer of property(my uncle filed the case against her son as stated above, that my uncle has given the statement in 1993 that he not the owner, so the case is not maintainable in drc act so it should be reject. IN OUR PETITION OUR ADVOCATE WHO IS A CRIMINAL LAWYER ACTUALLY, COULD NOT FILE THE PROPER CASE, JUDGE asked from our lawyer the definition of tenant and landlord but he could not answer, so i am afraid the petition would be rejected in next argument which is in jully. if i withdraw case and file it in civil it would take 4-5 years as i have heard. can the case be run under DRC act
Asked 10 years ago
1)statement made by your father and uncles was in respect of situation prevalent in 1993 . at that time as original landlord your grand mother was alive your uncle and others had rightly made a statement that they have no concern with property .
2) now your grand mother is dead . situation has changed . your father uncles are legal heirs to property and co owners . hence they can file suit for eviction under provisions of DRC act .
3) i have already advised you to take second opinion . show all the case papers to another lawyer for his opinion . based on his opinion take further proceedings in the matter
After the death of your grand mother your father and all his siblings are the heirs to the property of your grand mother of she did not leave a will during her life time. Any of the heirs could file a case for eviction. The situation which existed in 1993 does not exist now and thus there is no correlation between the statement made in 1993 and the case for eviction filed now.
You have the right to change your lawyer at any point of time. Contact any other lawyer and show him all the case related documents so that he may acquaint you with the legal recourse which can henceforth be followed.
