Legal Question in Landlord & Tenant Law in India

Property required by widowed mother - tenants do not vacate

My father rented out our house in Panchkula,but unfortunately he passed away 3 yrs ago, the house is in my Mother's name and now the tenant is refusing to vacate.

My mother has only two daughters and both of us are married, she is living in her brother's house in Delhi.

The tenant is stating that she does not have any requirement for the house as all of us are settled in Delhi.

What are the chances of evicting the tenant incase we file a case in Chandigarh.

He is paying the rent regularly and there was no written agreement signed between him and my father.

He refuses to take our calls and makes personal excuses like the ill health of his wife and marriage of his daughter as reasons for not vacating.

Plz suggest how long would a court case take and what are our chances.


Asked on 11/29/06, 5:39 am

1 Answer from Attorneys

Re: Property required by widowed mother - tenants do not vacate

Dear madam,

For getting the tenant evicted at least some ground must be stated.nevertheless,in your case since there is no agreement hence the tenancy is on month to month basis.Being widow your mother ca seek eviction of the present tenant on the ground of requiring the premises for her personal use and also on the ground of old age.you are advised to stop taking rent and can create a ground of non payment of rent and can seek eviction after giving due notice.chances in your case is good but it difficult to predict the exact time in getting the tenanat evicted.

for any other query/assistance cal me on 9873343288.

thanks.

siddharth

Read more
Answered on 11/29/06, 6:37 am


Related Questions & Answers

More Landlord & Tenants questions and answers in India