- This topic has 14 replies, 11 voices, and was last updated 1 year, 4 months ago by
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UMy parents are in 70s, a retired army, have own home in India which they rent out the first floor. There has been a tenant living there for 20 years. This is the main source of income for my parents after some pension they get.
However for the past 2 years the tenants have not paid any rent. My parents went to the police and asked for help. Police went and spoke to the tenants and they said they will vacate the house in 3 months.
After 3 months the tenants have put a court case on my parents for mental harassment and forceful eviction. Tenants have a disabled child in his 30s that they always use as excuse to not leave the house.
What do we do now? 😩🥲
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Ihe is paying rent to court? he cant live rent free. consult a advocate on this. this may take lot of time, as he has went to court, he doesnt want to pay rent. focus on getting him evicted. also get him to deposit rent for time being.
consult a lawyer and ask his fixed fees upfront.
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UNAL. (but have some experience in this matter)
It is a HUGE MISTAKE to let the same tenant live uninterrupted for such a long time. And I imagine without a contract.Check out the laws on “Adverse Possession”
Right to property in India is not absolute. Indian judicial system is horrible and everything takes a lot of time. Laws are extremely tenant friendly. Owing to the history of zamindar/landlord etc making people homeless (something like that)
Your tenant has gone to court – so now the matter is in court.
Do not threaten the tenant or do anything extra-legal
Find a good lawyer and follow the proceedings. Its not enough to argue – this is my property and I want it back. Your parents need to argue that it is their source of livelihood and they will starve to death without it etc. etc…
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UDo you have any agreement with the Tennant?
There are ways to settle things out of court, which is always better and quick.Legal battle will involve cost and time with additional frustration due to latency of the process.
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UAny suggestions on how to settle things? Do we pay him money to leave the house? I don’t think there is a formal legal agreement – I wish my parents had the foresight to do something like that before
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SI was in a similar situation minus the court case from the tenant. I hate to say it, but we had to bribe a policeman who went to the flat (without us) kinda threatened the tenant and he vacated the house in 1 week. I’m not sure this might be useful for you, specially with a court case already lodged.
I would also urge you to reach out to any local politician like mla (might pay him some money as well) and get things done. Please don’t be ethical here because theres no legal agreement and you must doo something pretty soon
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DPay someone to steal the electric meter. He can’t get a new meter without your parents being involved. Ask your parents to not get involved until they leave.
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