Legal Question in Landlord & Tenant Law in India

1.I am staying in a 525 sq. ft. area flat on rental basis.

2.I am staying here since more than 5 years.

3. My son has born in this flat in 2008.

4.I am paying the agreed monthly rent to the flat owner regularly.

5. I am having very good relations with all the society members.

6.Suddenly my flat owner told me to vacate the flat in 10 days.

7. There is no agreement signed in between us.

8. I am paying the monthly rent in cash.

So please tell me what are my rights and can owner vacate me in such a way?

Asked on 3/25/14, 2:02 am

2 Answers from Attorneys

Rajiv Gupta +91 9811284735 KarVai Legal Solutions

If you dont have any written agreement and if you are paying in cash then you cannot prove your tenancy rights in that case you will not be considered tenant but a trespasser.

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Answered on 3/25/14, 2:39 am
Fca Prashant Chavan Expert Edge LLP


Dear Sir / Madam,

You are in possession of the flat since 2008 or earlier without any Agreement or written document with the Owner. It legally implies you are a "trespasser". Unfortunately, you do not have any grounds or basis to establish any rights. Your relationship with the Society members is inconsequential and immaterial and is no ground for empathy nor sympathy. Yes, the Owner can evict you without any notice. You should consider yourself fortunate that the Owner is giving you a full 10 days grace to vacate his flat, and is not telling you to quit immediately. You need to ponder and retrospect on your actions which have compelled the Owner to evict you from the flat.


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Answered on 3/25/14, 8:12 am

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