Tips to reclaim your own property
Can a suit for eviction be filed against the relative by the owner? Read on to find out more.
Indian families knitted closely, often extending assistance to relatives or members of extended families in the need of the hour, is a normal routine. In many circumstances, a relative in dire need of an accommodation takes a property from the relative who owns the property; the said property is covered under the Indian law defining its nature.
Rakesh Sherawat, a local lawyer, opines, "The property owner allowing any relative to stay in one's property is known as permissive possession, that is a relative staying in the house or a flat without any signed agreement or lease. The said permissive possession is governed by the law of licence."
The actual possession of the property remains with the lawful owner irrespective of the fact that the relative is staying in the property for the time being or specified time.
Sherawat further adds, "The relative who is staying the property is governed by the law of license and is defined under the Indian Easements Act, 1882. As per the Act, licensor of the property is the one who owns the property and the relative staying is known as a licensee. Also, as per the Act, the license is a personal right grant endowed by the licensor to the licensee on an immovable property devoid of having any interest related to the ownership or title of the property. Under all circumstances, the licensor is the absolute owner of the property, although, licensee is given a license to use it for some genuine requirement and limited time."
The licensee after meeting the bona fide requirement must vacate the premises, and, if not, then the licensor must seek legal recourse.
Further opines Sherawat, "The licensee is the permissive occupier of the licensor's property, also having limited or controlled rights to utilise the property. In cases, where the licensee does not vacate the property after licensor asking the licensee, then a suit for injunction as well eviction of license can be filed, and the licensee does not have any merit to fight such cases."
Delay by licensor in getting the property vacated from licensee can cost the licensor.
Sherawat also says, "If an early action is initiated by the licensor to get the premises vacated, then the nominal fees as court fees is payable, and where the delay in filing the suit of injunction against the licensee takes place then the licensor have to file suit of recovery of possession where a higher court fees is levied on the licensor. Licensor must also revoke the clause of mesne-profit (profits of land taken by a tenant in wrongful possession) that is the gains or profits made by the licensee in spite of cessation of license."
Can a suit for eviction be filed against the relative by the owner? Read on to find out more.
Indian families knitted closely, often extending assistance to relatives or members of extended families in the need of the hour, is a normal routine. In many circumstances, a relative in dire need of an accommodation takes a property from the relative who owns the property; the said property is covered under the Indian law defining its nature.
Rakesh Sherawat, a local lawyer, opines, "The property owner allowing any relative to stay in one's property is known as permissive possession, that is a relative staying in the house or a flat without any signed agreement or lease. The said permissive possession is governed by the law of licence."
The actual possession of the property remains with the lawful owner irrespective of the fact that the relative is staying in the property for the time being or specified time.
Sherawat further adds, "The relative who is staying the property is governed by the law of license and is defined under the Indian Easements Act, 1882. As per the Act, licensor of the property is the one who owns the property and the relative staying is known as a licensee. Also, as per the Act, the license is a personal right grant endowed by the licensor to the licensee on an immovable property devoid of having any interest related to the ownership or title of the property. Under all circumstances, the licensor is the absolute owner of the property, although, licensee is given a license to use it for some genuine requirement and limited time."
The licensee after meeting the bona fide requirement must vacate the premises, and, if not, then the licensor must seek legal recourse.
Further opines Sherawat, "The licensee is the permissive occupier of the licensor's property, also having limited or controlled rights to utilise the property. In cases, where the licensee does not vacate the property after licensor asking the licensee, then a suit for injunction as well eviction of license can be filed, and the licensee does not have any merit to fight such cases."
Delay by licensor in getting the property vacated from licensee can cost the licensor.
Sherawat also says, "If an early action is initiated by the licensor to get the premises vacated, then the nominal fees as court fees is payable, and where the delay in filing the suit of injunction against the licensee takes place then the licensor have to file suit of recovery of possession where a higher court fees is levied on the licensor. Licensor must also revoke the clause of mesne-profit (profits of land taken by a tenant in wrongful possession) that is the gains or profits made by the licensee in spite of cessation of license."
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