I own a property in noida and is living in it since 1994. I have all the valid documents. My husbands brother family also stay with us since 1994. My husband expired in 2000. I want to sell this property now as there is need of money and move to different location but my brother in law and his family is not letting me do so. They are also not vacating the property willingly. They have no document or ownership also , nor they have spent a penny on this house. They are forcefully staying here and as I am a single parent to two daughters unable to do anything nor have any knowledge. please suggest legal steps so that I could get justice ASAP and sell this property soon and get out of this mess.
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1) you have to issue legal notice to brother in law to vacate
2) if they fail to vacate file suit for eviction against them
3) since they have not paid any consideration for purchase of house hey cannot claim any legal right to stay in house owned by you
The stay of your brother with your family is as a licensee. You have to terminate the license by giving them a notice in that respect and then file a suit for eviction. You can also sell the property in the present situation as well but you will not get the market value. It is therefore advisable to follow the former course. Since the procedure involves litigation, I will advise you to hire services of a good advocate.
You can look for a prospective buyer and enter into a sale agreement for disposal.
After that you can issue a legal notice to them to vacate the house since you intend to sell the same.
You can also file a caveat petition before court so that they dont take an exparte injunction agaisnt you.
Subsequently you can file a suit for ejecting them from your property since their stay is unauthorized.
Dear concerned
Without any further delay file a suit for eviction for this family. As you own the property the court will very soon order for eviction. Once a court order for eviction is obtained with the police help under Court orders you can get this person out of the house.
You can also file a criminal complaint.
For detailed discussion and free consulting on subject please feel free to contact us.
Best ofor Luck
1. Since your title to the property is clear you should file a suit for eviction of your brother and his family in the competent civil court.
2. Engage a lawyer to initiate the legal process.
Thank you for the advice. We are about to send them eviction notice but my in laws have filed an FIR against me for attempt to murder and threatning. Please advice what to do for this false allegation. Request to reply so that i can take immediate action.
1) if FIR is filed police would issue you notice to record your statement
2) apply for and obtain bail from court
We are about to send them eviction notice but my in laws have filed an FIR against me for attempt to murder and threatning. Please advice what to do for this false allegation. Request to reply so that i can take immediate action.
For a complaint and the FIR against you, first obtain Anticipatory bail and after that challenge her false allegations in the court of law during trial proceedings
Dear Concerned,
Let them file any false and fabricated complaint , you are free to file any counter complaint - you may choose to file a complaint whenever they raise their voice to scare you or try to harrass you physically . Mention in complaint because you own the house they are forcing you to transfer the house to them.
Also in addition to above - please note that no one can stop you from selling - you may choose to sell the house without telling the other occupants of the house - sell it to someone who can get these persons thrown out of the house. As you are the owner - you can decide your course of action.
For detailed discussion and free consulting on subject please feel free to contact us.
Best of Luck