Legal Question in Landlord & Tenant Law in India

Question Regarding a property under Leave and License
Lessor: 83 Years,spinster, owner of apartment
Lessee: Couple, with 2 kids. entered into agreement in Feb06.Not registered due to non-payment of security deposit in full, period of leave and license agreement - 11months.Possession given.
Lessee died feb07.Wife pleaded for continued stay. Promised to clear all dues soon. Permission granted orally on humanitarian grounds. Never paid, habitual & compulsive defaulter.Rs.40000 plus in arrears.
Q1) How do I recover dues+possession in the face of non-agreement?
Q2) What is the possibility of success in the suit for her eviction?
Q3) If eviction suit fails, what is the status of Lessee/ Owner, Trespasser/ tenant?
Q4) According to you, what is the best course to take to ensure the successful eviction of the lessee and recovery of dues?

Asked on 4/07/08, 2:29 pm

4 Answers from Attorneys

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Re: Question Regarding a property under Leave and License

Firstly terminate the tenancy on the ground of non-payment and give 15 days notice for vacation of tenanted premises,thereafter,file eviction petition.You have good chance of success.You can seperatly file suit for recovery of your dues.Contact with details,professional charges are applicable.

Answered on 4/07/08, 9:51 pm

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Re: Question Regarding a property under Leave and License

Answered on 4/07/08, 9:51 pm

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Vijay Chandavale Advocate Vijay Chandavale & Associates

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Re: Question Regarding a property under Leave and License

your agreement is not registered you would required to pay penalty for the same and then go in competent authority court to get possession and also eviction of licensee . you would also require to file case for recovery of dues of arrears and compensation

Answered on 4/18/08, 11:36 am

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