Legal Question in Real Estate Law in India
Estate-Industrial Plot
Sir,
A widow (no childrens) gave her industrial plot on rent to her relatives in 1985. Now she wants the place to be vacant as her relatives have a plot of their own, but the relative are not willing to vacate the plot. The lady has only one agreement made in 1985 for 5 years and the plot was given to a partnership firm consisting 5 partners (relatives) out which 3 partners have already left and two are continuing the business there.(no new agreement was done with with the firm after the changes in partnership deed) The existing partners do not want to make a new contract with lady nor vacant the place, they only keep on promising that they will not vacate the plot till the lady is live. pls advice what will be the future of this case in court of law. The widow lady stay with her nephew as it was an joint hindu family but presently the property have been distributed and are registered in the name of the widow lady
5 Answers from Attorneys
Re: Estate-Industrial Plot
Please file the Case immediately in Court and evict them.
Since property is transferred to her name she can claim damages for illegal occupation.
Meet a Good Lawyer, and file the case.
They have to pay the rent, and besides all the partners have changed without your permission, they have been carrying on the business.
Balasubramanya.B
Re: Estate-Industrial Plot
File a case of eviction or suit for possession.Consult an advocate.
Re: Estate-Industrial Plot
Before taking any action, go through the contents of the agreement. I failed to understand why you have not act upon on the tenant to serve him notice to call upon possession of the tenanted premises before expiry of 5 years period which was laid down in the agreement. Consult your local lawyer for taking legal action of possession on the grounds available to you in the prevailing law
Re: Estate-Industrial Plot
If somebody do not care about his/her rights for long period of more than one & a half decade, then the Court is also relectant to accept case put forth by such person.
Re: Estate-Industrial Plot
go for a legal notice and then a suit for eviction - eviction by due course and process of law . you may alo add that they were refusing to enter into new rental agreement for not willing to pay the enhanced rent! - normally the agreement for the company or firm is entered in the name of the company/firm represented by the person incharge of management or capable of executing the document - so the change in partnership or any internal changes in the company does not affect the agreement - the agreement is with the company/firm not the individual! we hope the recitals in the last agreement are in the same lines!
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