Legal Question in Landlord & Tenant Law in India

My parent had a flat. One of my father's friend is staying in that flat for 20/25 years in good faith and giving an small amount for his courtesy which is not as per rent and present rent rate (Rs.6000/- only). My parent never issued him any receipt or bill. Now my father has expired 1 year back and we need that flat for our own residential use. How we can proceed if he denies to give possession to us. He used to give few money sometime by hand and now he is giving cash to our bank account. We are suffering long jouney and so many difficulties inspite of having our flat like above.

Can anybody help us by suitable advice.


Asked on 4/04/13, 1:22 am

4 Answers from Attorneys

dear client..

You need to issue legal notice as well proof tenant and landlord relation... for details mail me at [email protected]

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Answered on 4/04/13, 10:08 am
Jayesh Desai Jayesh Desai

Either way you can evict him, either as tenant paying rent or as gratuitous tenant. He cannot claim but way of adverse possession as he entered the premises with permission from the 'Owner;' your father.

You can file a suit for eviction - on the ground of 'Bona-Fide Requirements'.

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Answered on 4/07/13, 6:21 am


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