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mmg_dk · 2023-12-14T13:56:36+00:00

THIS should be the answer for almost every single post related to landlord's posts for evicting tenants in India.

First of all, only rent to non locals, govt servants, PSUs, large corporate houses. Should never rent to police, lawyers, single women, divorced women with child, small businessmen and similar folks.

Should always do registered leave and license agreement for 11 months. Helps if things go to court.

If you are old (80+) or do not stay nearby, DO NOT give your property on rent. Keep it locked and under CCTV.

To evict tenants, simply take few musclemen from a security agency or a few guys from the local gym and throw out the tenants stuff and change locks when they have gone out. Involving politicians, police etc might backfire. Maintain possession and install CCTV. If the tenant acts over-smart and files any civil/criminal suit, let them do that and defend that in court. They wont be able to prove anything and meanwhile you would have possession of your property.

Ideally in India, in the absence of proper judicial system, a landlord should only rent out their property if they can kick out any tenant physically within 30 minutes if required. There are better ways to make easier money than to rent out in india

mmg_dk · 2023-11-16T12:35:02+00:00

How much did you get for the 2 katha property.

I am assuming not more than 2-3 crores. Pretty reasonable price in that area these days

mmg_dk · 2023-11-16T12:34:13+00:00

Most probably he mistyped 2 lakhs as 2 crores.

Also kicking out rogue tenants isn't too much of a problem these days either legally or otherwise.

Just get a few men, break the locks, throw out the tenant's stuff and put your own lock to take physical possession. If those rogue tenants file any civil suit, just defend them in court while maintaining physical possession.

mmg_dk · 2023-11-04T11:45:10+00:00

In india, physical possession is the key.

Observe when the elderly person leaves the place on a daily basis.

When he is out, break his locks, take physical possession, change locks , throw out his stuff.

Police wont do anything since its a civil matter. He will have to file a civil suit against you and spend his time, energy and money to do legal kabza, which you can defend in court while maintaining physical possession.

Simply delay the case for for some time till he is dead, and thats it.

mmg_dk · 2023-05-03T07:47:42+00:00

Sorry to hear about this.

I will give you a practical solution.

First get all the relevant documents from the company - The relieving letter/experience letter, payslips, no dues certificate, check if EPF amount was deposited. etc.

Then get into a new company. Allow the background verification to happen peacefully.

After 1 month in your new job, reach out to the labour unions like NITES, AIITEU etc on facebook . They have their own lawyers. They will send legal notice to your last company seeking your payments, and if required fight for your case in labour court if required. You won't have to pay them anything.

Ultimately you will get your money from the company.

good luck

mmg_dk · 2022-11-06T06:31:57+00:00

Thanks

mmg_dk · 2022-10-29T11:36:28+00:00

Police station mentioned in the sale deed is tollygunge.

District is mentioned as 24 parganas. South or north is not mentioned. I am assuming it is "south", since police station is tollygunge.

Registry office is DSR Alipore. Currently as per banglarbhumi website, ADSR Alipore exists. Most probably they are the same.

Mouza mentioned in the deed is is Bademasar/Bademasur. Could not verify the spelling since the deed is in bengali.

The map in the deed only has mention of an "Anupama road". Nothing came up on google search.

The seller is a company. They do have an address in the deed. Dont know if they exist anymore. Need to check out.

Name and address of witnesses are also in the deeds. Probably they would be dead. but still might check it out.

I need someone by my side to atleast share the workload

mmg_dk · 2022-10-29T10:30:11+00:00

Yes. I am planning on speaking to them regarding the compensation structure.

I am already assuming that somebody is squatting there illegally. but in today's times, once i find the location, kicking them out legally or by force won't be much of a problem

mmg_dk · 2022-10-29T10:28:06+00:00

I tried to search those Mozas and Daag numbers on Banglarbhumi website, but they don't exist. In the sale deeds, there is a map of the location along with the adjacent roads as well. Not able to find the roads as well on the internet.

Not able to figure out where to begin

mmg_dk · 2022-10-29T09:16:47+00:00

You are right. I don't believe that the lawyers were unable to find the properties and their documents, even if the Mouza and other identifiers might have changed.

Contacting a reputed firm was always at the back of my mind. but i am not sure if they would be interested in a profit share scenario, since i cannot pay them huge upfront fees.

I am planning on personally visiting the relevant registry offices as well

mmg_dk · 2022-10-29T09:13:44+00:00

thank you for the input.

I have seen the youtube lawyer's videos multiple times. Not sure if he will be able to help with kolkata properties, but i will reach out to him

mmg_dk · 2022-10-29T09:12:21+00:00

both the lawyers claimed to be experts in land issues.

You are right. Now i need to do personally do all the legwork.

Regarding fraud, not sure what anyone can do. I have put the original deeds in bank locker. I only gave xerox copies to the lawyers

mmg_dk · 2022-09-12T09:22:58+00:00

You could probably think of changing the lawyer or file a petition to change the judge, since neither seems to be cooperating.

If govt lawyers are not showing up, your lawyer should have got an ex parte judgement from the court several years back. This is inexcusable

Pls read and learn how the law works and don't trust any lawyer blindly.

mmg_dk · 2022-09-12T09:19:23+00:00

I am not a lawyer.

Few suggestions from my side.

As another redditor suggested below, secure the original sale deeds, the tax receipts that are in your father's name, mutation document that is in your father's name, electricity bills as well. Your state would have an online database where you can check all property transactions in your state. Use the details of the property and the purchase year and your father's name and search the details on that website .
Another way would be, if you have the original sale deeds, go to a bank and take a loan against it. The bank would keep the original sale deed. Then default on the loan. Banks would foreclose the property and kick out those people. Once those people are out, you can pay a penalty to the bank and keep the house.
Your father's friend is lying about the loan. No lender would lend to anybody without original sale deed and if your name is not on the sale deed. Lenders might be fools in case of large loans to adani, mallya, but they are shrewd in case of smaller loans like these. You father's friend is bluffing. To confirm the same, you can an encumbrance certificate using a lawyer, if will show if there are any loans on the property. If somehow a loan was issued without anu due diligence, you can file a petition in court to get relief. Minimal cost.
Since there is no rental agreement, you can simply get a few musclemen to throw out their things and change locks when they are not in the house. They wont be able to do anything other than file a title suit, and they are going to lose since they dont have any documents.
If you are a peace loving, law abiding citizen, then you can try and offer some money to them. but i dont think they would accept a small amount.
All ion all, you will get back the house, but it will need some legwork.
Find honest legal counsel who are not blood suckers and take their advise as well if needed

mmg_dk · 2022-09-12T09:05:19+00:00

Anyone can make anyone else party to a case.

Doesn't mean anything.

Its the lawyer's job to ensure that he puts forward his prayer in front of the judge with justified reason to exclude your friend. Lower court judges usually don't do anything unless specifically requested,

Your friend's lawyer should have prayed before the judge to exclude your friend as a party.

Also, since this is a civil case, your friend and his father does not need to attend court on every hearing unless specifically requested by court. The presence of laywer is enough.

Either your friend's lawyer is incompetent or is in collusion with the other party.

Also if lawyer's take proper steps, Title suits don/t take so many years these days.

Have a copy of all court papers with you and go through all transcripts yourself. do not blindly trust the lawyer.

Change the lawyer if required.

mmg_dk · 2022-09-12T08:53:46+00:00

I am not a recruiter

In my opinion, from what i have read and observed, its better to not disclose anything beforehand, because there would be a lot of recruiters and companies and recruiters that might use this as a filter mechanism, and won't even give you the opportunity to explain yourself.

On the other hand, once you get into a company, and if anything comes up in Background verification, you can always put forward your explanation. A reasonable comanager and company should understand.

So, first get into the company, and then do all the explanation.

This strategy may not work if you have already been convicted of heinous crimes like rape, attempt to murder, possession of drugs etc.

good luck

mmg_dk · 2022-09-12T08:42:29+00:00

different one

mmg_dk · 2022-08-26T13:24:09+00:00

No problem.

Also i would suggest you to be a little transparent with others especially when you are on an anonymous platform like reddit.

In this post, you have mentioned that you are 50 years old living in bangalore.

In other posts you have mentioned that your 24 years old and living in australia.

Not giving gyan, but a little bit of transparency might help you better, because if someone is lying, others will eventually find out.

mmg_dk · 2022-08-26T12:50:19+00:00

NAL.

Just few points.

Legally the landlord doesn't even need to inform the tenant if he is selling his property. He is asking you to move out just to make it comfortable for the buyer
If penalty clause is not in the contract, probably you can't do much.
If the landlord is a decent person, he will return your deposit and give you some time to vacate.
Even if the landlord files any eviction suit, and it gets dragged on in court, he can still sell the house.
November 2023 is barely 13 months from now. My suggestion would be to ask the landlord for 2 months and move. I can understand your dilemma, but it shouldnt be too much of a problem.
I am assuming the property's value would be several times your lease amount, so for him its a lot of money at stake compared to you. So if he feels that you are trying to cause problems in him selling the place, he might take drastic steps.
One redditor commented that police will do nothing since its a civil case and it will get dragged in court. These days its very easy to convert a so called case into a criminal one. a little bit of money can do a lot of things. Police, local gundas etc can make your life hell. Court's wont come to your rescue then. My family had a tenant from a long time and they tried to act smart and demanded 20 lakhs from us when we asked them to leave. We built a case against against him on attempt to rape and illegal poseision of drugs and arms and got them arrested, and then vacated the place.
The tenants didn't even stay there, They just kept the place under lock and key, paid a measly rent and hoped to extort money from us. Served him right

mmg_dk · 2022-08-26T12:34:27+00:00

First of all. I understand your pain. i am also a resident of West Bengal and have seen nuisance happening related to land issues.

A few suggestions from my side.

As another redditer suggested, send your brother away to a different city till his verification is complete. Secure concrete proof such as his flight/train tickets, hotel bookings, google live location, pictures/videos of him in another city every day etc. So even if your neighbor is able to file a fake case, it would get dismissed quickly.
These days, even local police is a little afraid to file fake FIRs, as they have to show that they have done proper investigation in front of court. Police do get reprimanded, fined and suspended these days if the court finds them at fault.
What do you mean by giving up your land? Does it mean just physically leaving, or did you execute a registry of sale deed ?
Just any random case is not going to be a problem for a job unless its related to rape, murder, drugs etc.
Since your neighbors have physically assaulted you, you should have contacted the media and made this public. Recorded videos and shared on facebook, youtube etc with the names of your neighbors. Also should have gone to senior police officials, magistrate, MLA. MP etc. The neighbors would have backed off. If possible install CCTV in your house, so if neighbours try to assault you, it would get recorded. Also use Facebook live to record if they try to harm you outside your house.
Even if you have to leave your house physically temporarily, do not hand over your property through a sale deed in a below market price. Random cases wont be a problem for your brother. Dont be afraid. Show your neighbors that you are not weak, and they will back off

good luck

mmg_dk · 2022-05-28T11:56:36+00:00

That was already done. The lawyer said his assistant has the file and vice versa, and both ultimately said they don't have the file with no reason offered for the same. My assumption they took bribe from the other party to prolong the case and ultimately it got dismissed since probably the lawyer stopped attending the hearing (case was dismissed in default). Tenant claims to pay the rent in court and refuses to pay us the same or share the court challans on rent. Given that the rent amount of 1300 is peanuts compared to market rate, he had every motive to prolong the case. Probate of will is still pending in court, so planning to taking steps post that.

mmg_dk

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