Legal Question in Landlord & Tenant Law in India

*A road front shop and one room (for residence) were given on rent of rs 35/ month by my grandfather long time back., (dont remember the year??).

*Original Tenant who was runnng the grocery shop and using other room, for residence , staying there with his famiy died,,

* then the rent receipt was changed by my late grandfather in favour of name of tenant's SON.

* later tenants son was using it as shop / godown.and the other room as his residence.

*then he has stopped using it as a shop/godown ,, and instead has let his widowed sister stay there..

* she is now using it as residence..

* the rent receipts are in name of her elder brother.

* Elder Brother now has his own accomodation and moved out,, instead his younger brother is staying in the residencial room.

can we file case of eviction on follwing points.. also suggest any thing more if i have missed??

Q1. "Change in use" is it legal that Commercial property can be used a residence.

Q2. can brother(on whose name receipts are issued) can give the possession to his sister to use as residence?

Q3. can the younger brother & sister be labled as sub-tenant?? as receipts are in elder brother's name.

Q4. Light meter is still in name of his original tenant their late father.

we dont have any documents of lease deed or anything as such..


Asked on 1/16/12, 5:50 pm

3 Answers from Attorneys

it is very cruesial matter and you may loose your property.

So better to consult your local advocate and file the case of eviction immediately.

If u want to consult me then you may send your location and other proofs you have on my mail id and i will guide you the way out but for that you have to bear my consultation fee.

Regards

[email protected]

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Answered on 1/16/12, 9:48 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

only point no. 1 of your query is valid for eviction...i.e. change of use.

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Answered on 1/17/12, 12:39 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

consult a local advocate before filing suit as change of user can be a ground for eviction but you say you don't have documents of lease deed etc

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Answered on 1/17/12, 11:54 pm


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