Legal Question in Intellectual Property in India

Re: How to vacate a rented premises?

Talk to me over phone 09334217032. I need to see the documents before advising.

Re: How to vacate a rented premises?

If the tenant sublet the property without the consent of the owner/landlord it a groung for eviction and arrears in rent is also a ground for the eviction. you can file a eviction suit against the tenants. for further clarifiacation call on 9892193167,28904722(Mumbai).

Re: How to vacate a rented premises?

Your may file ejectiment petition taking benefit of both grounds, i.e., default and sub-letting which is prohibited at law. Law on sub-letting is repoduced below:---

28. Restriction on sub-letting.- (1) Where at any time before the 9th day of June, 1952, a tenant has sub-let the whole or any part of the premises and the sub-tenants is, at the commencement of this Act, in occupation of such premises, then, notwithstanding that the consent f the landlord was not obtained for such sub-letting, the premises shall be deemed to have been lawfully sub-let.

(2) No premises which have been sub-let either in whole or in part on after the 9th day of June, 1952, without obtaining the consent in writing of the landlord, shall be deemed to have been lawfully sub-let.

(3) After the commencement of this Act, no tenant shall, without the previous consent in writing of the landlord,- (a) Sub-let the whole or any part of the premises held by him as tenant, or

(b) Transfer or assign his right in the tenancy or in any part thereof.

Re: How to vacate a rented premises?

(1) You and your mother are entitled to half share each in the property.

(2) You may file a joint application for ejectment on the ground that the tenant has sub-letted without your consent.

(3) You have asked about a "sanstha" who could help.

This being a commercial issue, the help of an organisation may neither be available nor advisable, unless of course, you decide to donate your rights in the property to a charitable organisation who may pursue litigation.

(4) The litigation may take a couple of years to fructify, depending upon the tenants.

(5) You may first try for an out of court settlement with the tenants/sub-tenants on the basis of current value of the property.