• Ownership of flat

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
Asked 4 years ago in Property Law
Religion: Hindu

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26 Answers

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 

Ajay Sethi
Advocate, Mumbai
97230 Answers
7851 Consultations

Pay the last agreed rent to the rent controller till other legal heirs raise demand for payment of rent to them. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

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.

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

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.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

- 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. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

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.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

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.

Yogendra Singh Rajawat
Advocate, Jaipur
23004 Answers
31 Consultations

The legal heir can file eviction suit against the tennant and claim possession

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

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. 

Devajyoti Barman
Advocate, Kolkata
23277 Answers
516 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

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. 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

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. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

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.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

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

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Legal heirs can claim the property and issue a legal notice to tenant and ask to vacate the flat.

Ganesh Kadam
Advocate, Pune
12995 Answers
262 Consultations

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. 

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

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. 

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

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

Yuganshu Sharma
Advocate, Delhi
436 Answers
1 Consultation

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.

Nadeem Qureshi
Advocate, New Delhi
6319 Answers
302 Consultations

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. 

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

Dear Sir/Madam,

You haven't specified who is claiming for possession and in what capacity

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

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. 

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

If the owner has any legal heir you need to pay the rent to him . 

Swarupananda Neogi
Advocate, Kolkata
2974 Answers
6 Consultations

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.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Tenant can claim the property by way of adverse possession due to long period of tenancy. 

Legal heirs of owner can file suit for eviction against tenant but before that they have to send him vacation notice. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

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