Legal Question in Landlord & Tenant Law in India

My Mother assigned a power of Attorney in my favour for a residential property in Delhi which is rented to a tenant. I was earlier living with my in laws. However, now I am planning to move to this property. Is there any way that I will get the possession of this property from the tenant.
The tenant has occupied the property before my mother purchased it. There is no rent agreement ever made in his favour. He is sending the rent through the money order.

Asked on 9/06/12, 9:20 am

4 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

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What is the rent ? If it is Rs. 3500/- or less then everything would fall under the Delhi Rent Control act but if it is more than Rs 3501/- then it is easy to get your house vacated.

Answered on 9/06/12, 9:23 am

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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Unless the tenant is evicted from the tenanted premises you cannot move in. As he is paying the rent through money order, the relationship of landlord tenant stands admitted even in the absence of rent agreement.

Answered on 9/06/12, 10:06 am

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Aniruddha Pawse Aniruddha.P.Pawse Advocates

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You can issue legal notice thru a advocate asking the tenant to vacate the premises stating that you have a bonafide requirement. But before taking any legal steps negotiate with him personally and check if he is ready to vacate the premises.

Answered on 9/06/12, 10:27 pm

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