Legal Question in Real Estate Law in India

I want to know the following

1. We have an ancesterial house in Pune (Maharashtra) that is occupied by old tenants without any documentation. But are living there for 40+ year. However, non of them have paid rent for last 20 years atleast. Can we evict them on the charges that the rent has not be paid?

2. There is an entry of lien on the property dated 1945 (Rs-1200). The lien was taken by my grandfather. However, now we do not have any records of the same, nor we know the lender or his legal hiers. My uncle say that the amount of lien + interest around Rs3000+ has been paid in Pune Court in 1968. However, we do not have any receipt of this transaction. Also, note we do not stay in the property and is being occupied by tenants. We want to remove the lien entry. I have been told that we can file suit of declaration in court. Can you let me know what is the court fee for such transaction and what are the chances of getting the ruling in our side considering that we are not staying in the property but is being occupied by tenants.


Asked on 1/15/14, 11:59 pm

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

Dear client

Since the tenant has bn living there for 40 years or so,they may bring the defense of adverse possession if the matter goes to court. Added to that since you have no documentary proof, there could be problem in establishing the title as well. I would advise you to consult an skilled local civil lawyer. If u need reference, I can provide. I also replied to u on path legal or elsewhere.

919555462995

Read more
Answered on 1/16/14, 4:38 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in India