We have a shop, used for maintaining our Hindu temple, that was rented out 50 years ago without a formal agreement. We used to receive a monthly rent of ₹25, which we documented with receipts. In 2009, we tried to increase the rent, but the tenant refused and continued occupying the property without paying rent. The original tenant unfortunately passed away and had no sons. All the receipts were in his name. Now, his nephew is holding possession of the shop. What legal steps should we take to reclaim the shop for our temple’s use?

Apni Law
Apni Law
Law Forum › Category: Landlord / Tenant › We have a shop, used for maintaining our Hindu temple, that was rented out 50 years ago without a formal agreement. We used to receive a monthly rent of ₹25, which we documented with receipts. In 2009, we tried to increase the rent, but the tenant refused and continued occupying the property without paying rent. The original tenant unfortunately passed away and had no sons. All the receipts were in his name. Now, his nephew is holding possession of the shop. What legal steps should we take to reclaim the shop for our temple’s use?
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Apni Law Staff asked 2 years ago

We have a shop, used for maintaining our Hindu temple, that was rented out 50 years ago without a formal agreement. We used to receive a monthly rent of ₹25, which we documented with receipts. In 2009, we tried to increase the rent, but the tenant refused and continued occupying the property without paying rent. The original tenant unfortunately passed away and had no sons. All the receipts were in his name. Now, his nephew is holding possession of the shop. What legal steps should we take to reclaim the shop for our temple’s use?

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Best Answer

Apni Law Staff answered 2 years ago

You can file a suit for eviction and recovery of possession in a civil court. You’ll need to prove the shop was rented to the original tenant and that rent was not paid after 2009. The nephew’s possession is likely not valid as he is not a legal heir. You should consult a lawyer to draft a strong case and understand the specific legal procedures.

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