How to get rid of tenant? - Indian Real Estate Forum

anil123 · 22-07-09

We have rented a shop of about 200 sq. ft on the ground floor of our commercial building. We wish to redevelop our premises for which the rented shop has to be vacated. We have already filed a case for the possession of the shop. But we feel that the legal procedure, which already in its 5th year, will consume another 10 years atleast. We have sought possession of the premises on the ground that we need the same for parking of vehicles as there is no parking space available and by demolishing this shop access is made to the open area behind this shop.
We have tried to convince the tenant but he is not ready to vacate the shop at any cost.

Can anyone advice us how to tackle this problem as our project is heldup for the same. We are prepared to try any other measures to get possession of the premises.

amit_2009 · 24-07-09

Renting a commercial place should have a Lease and Licence agreement.. probably renewed yearly(or every 11 months)?

If you do not have any written documentation, then whoever with more muscle/local political power will win... legal proceedings wont help...

jaskaur · 24-09-09

this is in response to a thread posted by Mr Amit
MIne is a similar problem but a different nature

Can anyone help out or suggest a way to get the desired result?
A property has been left in a prominent part of Delhi by my grandparents.
The property was owned on a rented out tenancy between my grandparents and the trust that owned it. My Father's brother has now occupied because my father deceased at the time the property became vacant.
We have been granted the right to one half of it by the lower court in Delhi, but now the uncle has appealed and presently occupies the property.I understand this now is referred to the next higher level court and then the same thing could keep going on.
can anyone suggest how to get round this and reduce the time between now and getting the proprty(our share). It could take 20 more years at this rate and who knows if we will still be around.
The Indian property system seems to go on forever and there can be very arbitary points on which people can appeal. Has no one actually challenged the appeal system?
Has anyone reading been in a similar situation and won a case like this?if so, how an don what grounds?
We live in UK but have dual nationality
Pls help if anyone can suggest what to do next

amit_2009 · 04-10-09

A simple solution would be to calculate all your costs in running a 15 year long legal battle + cost of flying to and fro to India + mental pain and overall misery

I am sure that would be a sizable amount : start by offering half of the above amount to your uncle.. keep increasing it to 100% of the above calculation .. I am sure if he is a reasonable man, he will accept...

If he does not.. then offer him another deal the other way round.. ask him to pay that same amount to you and you will give him full rights to the property...

If that fails... contact any influential local broker in the area and tell him that you want to rent out the place, offer him to pay the similar amount (as you would offer your Uncle) as brokerage if he can get it emptied from uncle and his stuff.. I am sure you will find a solution somewhere...

22-07-09	#1
anil123 New Member Join Date: Jul 2009 Posts: 1 Thanks: 0 Thanked 0 Times in 0 Posts	How to get rid of tenant? We have rented a shop of about 200 sq. ft on the ground floor of our commercial building. We wish to redevelop our premises for which the rented shop has to be vacated. We have already filed a case for the possession of the shop. But we feel that the legal procedure, which already in its 5th year, will consume another 10 years atleast. We have sought possession of the premises on the ground that we need the same for parking of vehicles as there is no parking space available and by demolishing this shop access is made to the open area behind this shop. We have tried to convince the tenant but he is not ready to vacate the shop at any cost. Can anyone advice us how to tackle this problem as our project is heldup for the same. We are prepared to try any other measures to get possession of the premises.

24-09-09	#3
jaskaur New Member Join Date: Sep 2009 Posts: 1 Thanks: 0 Thanked 0 Times in 0 Posts	problem with getting rights to our section of a rented property.Can anyone help? this is in response to a thread posted by Mr Amit MIne is a similar problem but a different nature Can anyone help out or suggest a way to get the desired result? A property has been left in a prominent part of Delhi by my grandparents. The property was owned on a rented out tenancy between my grandparents and the trust that owned it. My Father's brother has now occupied because my father deceased at the time the property became vacant. We have been granted the right to one half of it by the lower court in Delhi, but now the uncle has appealed and presently occupies the property.I understand this now is referred to the next higher level court and then the same thing could keep going on. can anyone suggest how to get round this and reduce the time between now and getting the proprty(our share). It could take 20 more years at this rate and who knows if we will still be around. The Indian property system seems to go on forever and there can be very arbitary points on which people can appeal. Has no one actually challenged the appeal system? Has anyone reading been in a similar situation and won a case like this?if so, how an don what grounds? We live in UK but have dual nationality Pls help if anyone can suggest what to do next

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24-07-09	#2
amit_2009 Member Join Date: May 2009 Posts: 149 Thanks: 0 Thanked 0 Times in 0 Posts	Renting a commercial place should have a Lease and Licence agreement.. probably renewed yearly(or every 11 months)? If you do not have any written documentation, then whoever with more muscle/local political power will win... legal proceedings wont help...

04-10-09	#4
amit_2009 Member Join Date: May 2009 Posts: 149 Thanks: 0 Thanked 0 Times in 0 Posts	A simple solution would be to calculate all your costs in running a 15 year long legal battle + cost of flying to and fro to India + mental pain and overall misery I am sure that would be a sizable amount : start by offering half of the above amount to your uncle.. keep increasing it to 100% of the above calculation .. I am sure if he is a reasonable man, he will accept... If he does not.. then offer him another deal the other way round.. ask him to pay that same amount to you and you will give him full rights to the property... If that fails... contact any influential local broker in the area and tell him that you want to rent out the place, offer him to pay the similar amount (as you would offer your Uncle) as brokerage if he can get it emptied from uncle and his stuff.. I am sure you will find a solution somewhere...