Legal Question in Real Estate Law in India

We r 4 brothers and our father passed away without leaving a will, our mother is also living in the same premises owned by our father, we have 2 shops located on our premises, due to hard times around 40 years ago a part of our entrance was leased out as a shop, now that our mother is old and is unable to use the entrance we have requested the tenant in the shop to vacate so that we can facilitate the movement of our old mother, the original tenant has expired around 3 years ago and the shop has remained closed, however the widow has been paying her rent, what remedy do we have?

Asked on 3/27/13, 9:50 pm

Vishwa Arya Arya & Co.

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your remedy is to file for eviction of the tenant on bonafide necessity

Answered on 3/27/13, 9:57 pm

Jayesh Desai Jayesh Desai

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You can seek eviction, due to non-user, and bona-fide need.

Answered on 3/27/13, 11:31 pm

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