On demise of owner legal heirs would be owners of property
2) they should apply to society for transfer of flat in their names
3) they can file suit for eviction against tenant
A flat is occupied by tenant more than 20 years and the owner has died without filing any case. now there is not any rent agreement in writing , kindly suggest wat to do
On demise of owner legal heirs would be owners of property
2) they should apply to society for transfer of flat in their names
3) they can file suit for eviction against tenant
Pay the last agreed rent to the rent controller till other legal heirs raise demand for payment of rent to them.
please check what was the media to pay the rent. Cheque, online transfer or cash. See where are property papers. if you need to evict tenant then you have to show the reason for eviction. Also, the tenant will make use of COVID 19 situations but you can spend this time in finding the mode of payment.
Dear client,
You may file to 4 direction and position on the basis of registry being a legal heir of the owner of the flat.
See the legal heirs of owner may collect rent from the tenant or may serve tenant legal notice of eviction for non payment of rent from demise of original owner. In case they are tenant then it is permissive possession and the tenant has no right to property.
- As per law, a tenant cannot claim an ownership right on the ground of adverse possession, even the tenant is living into the tenanted premises since long period.
- After the death of owner of the tenanted premises, his legal heirs are eligible to get rent from you .
- However, if more than one claimant of legal owner , then you should ask the person for the legal heir certificate before paying rent to him .
- Further , as per Supreme court Judgment, provisions on adverse possession are made under the Limitation Act, 1963. In case an owner does not stake his claim over his property for 12 years, a squatter can acquire legal rights over the property. The prescribed period in case of for government-owned properties is 30 years.
- Hence, if there no claimant till minimum 12 years period from the death of owner , then you can claim the ownership of that property on the ground of adverse possession .
Good luck and dont forget to rating Positively.
Give him a notice to vacate the property. He will reply to or won't. Either way you have a case. If he vacates the premises it's good.
Otherwise file a suit for eviction and damages if any.
Legal heirs of owners can file eviction case. Send legal notice for demand of due rent and to vacate premises by giving 15 days notice.
The rent agreement alone doesn't create tenancy. In absence of it as well tenancy can be established.
Tenant irrespective of occupying the tenanted premises for any long years can never claim ownership of the premises.
The legal heirs of the original landlord can file the suit for eviction Now.
The legal heirs of the deceased owner can initiate legal steps to get the tenant vacated.
If he refuses then they can file an eviction suit.
1. FIRSTLY, the Legal Heirs of deceased person, should file Civil Court or High Court petition, for claims on property.
2. AFTER above, the legal heirs can file Eviction Suit in local Civil Court, to evict the Tenant or amicably execute a fresh Lease /Rent Agreement with the Tenant.
Hi
The legal heirs of the owner can still file a case for eviction of tenant in the court where property is situated and thereafter
1) Collect all of the unpaid rents (as per rental rates designated by government) and
2) Also evict the tenant in accordance to law.
Hope this information is useful.
1. How was the rent remitted by this person?
2. Since there is no rent agreement the heirs of owner have the remedy of filing a petition for eviction against the man.
Nothing to do. if there is any successor of the owner than pay the rent to him otherwise file a declaration suit for declaring the ownership of the flat, but remember, for ownership there should not be any alive legal hier of the owner living
Dear Sir/Madam,
The legal heirs of landlord may claim the possession ownership on the basis of documents available or obtained from registrar's office.
There are some clarifications which i need.
On whose name is the electricity bill and water bills?
Who whos name the sale deed is existing?
When did the owner die.
Is the tenant paying any rent or was paying till the owner was alive?
AS you say that there is no rent agreement in writing. i would like to know the answers of the above questions to answer you in a better manner.
Dear querist,
If you are a legal representative of the owner of the flat then you can file a suit for the possession of the flat under specific relief act, 1963. There might be a rent agreement executed between the tenant and the owner of the flat and from the time the rent agreement was not extended only that will be calculated as the easement right on the property. Further, the legal requirement for easement( kabza) is 25 years as per law. so, he cant claim that. Furthermore, before filing a suit, a eviction notice can also be send to the tenant in the name of you as the legal representative of the owner which might suffice your requirement. You can contact me for consultation and sending the notice on your behalf.
Regards,
Yuganshu Sharma
Advocate
Delhi High Court
search the legal heirs of the owner of the flat and hand over that flat to them or pay rent to them.
if you illegally want to grab this flat then sit tight and wait and watch till then any case for possession and eviction be filed by his/her legal heir as the case may be.
Ans: His legal heirs will have to stake claim in the property, and get the property transferred in their name only then they can atleast have an agreement in place.
legal heirs of owner can file an Eviction Petition in the Court of the Rent Controlled in a District Court within whose jurisdiction the property is situated.
If you are the Legal Heir of the original owner who died, then you get your name replaced in place of said original owner by making an application to the Society.
Thereafter, issue notice of eviction to the tenant, if he fails to vacate and hand over the premises to you, you have to file suit for eviction, mesne profits and damages.