Legal Question in Landlord & Tenant Law in India
Illegal possession
We rented our home with proper licence an leave to a young couple. The license has expired but the couple are going through divorce and there is an injunction from the court that the husband and his offfice cannot go anywhere near the home. The wife hads put her lock and not vacating. the man has sent us the keys by post, but he has not physcially handed over the home. their things are inside. We don't break open doors. can the court pass such an injunction on someone else's property? Why should we break into our own home. We don't want to get into court hassles and become pawns in a divorce, we just want our home back. what to do
4 Answers from Attorneys
Re: Illegal possession
you can file suit for possession and also claim rents till date of handing over possession
Re: Illegal possession
It will be good if u apply to the court which has granted the injuction to modify the injection as it is affecting the 3rd party the [ landlord],
Court will surely grant u releif by modifying the restraint order.
As i understand that ur having the lease deed or the contract with the husband, and since the husband ur tenant has handed over the keys. u can open the lock and occpy the house , It is a valid surrender of lease under the transfer of property Act.
Re: Illegal possession
you have only legal recourse available is to move court for possession of the premises.
issue notice for vacating the premises and then file the suit. i will not advice anything else.
Re: Illegal possession
you file a suit for possession after serving a notice upon the tenants for vacating the premises and can also claim due rent/damages etc.Take advise of a lawyer of your vicinity.
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