Issue legal notice to relatives to vacate the house
2) if they refuse file eviction suit
3) your uncle family has no rights on the said house
Eviction of the individual
My father bought 5 kattha land in name of me(3kattha) which is open and 2 kattha in which house is built in name of my mother..my father allowed his brothers family to stay in the house as we stayed in different place a little far from the land, now my fathers brother died and we asked their family to look for themselves..they are unwilling to vacate and they say it’s their,they don’t have any papers and land is in our name and we pay rent receipt to bihar government and is updated till 2018..I would like to know what’s the possible remedy for this case and how long it will take?? Kindly enlighten.
Asked 6 years ago in Property Law
Religion: Hindu
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13 Answers
Dear Client,
You can file suit of eviction. They have no right to stay in your house without your permission.
As this is family matter, so police will not interfere in it otherwise even police could have get the house vacated.
if your relative is not vacating premises amicably then only option left is to initiate legal process to make him evict the premises.
Give them a notice of eviction immediately calling them to release their possession upon this property.
If they do not abide with the above notice, file legal proceedings for their eviction.
Contact a local lawyer m
Can we file ejectment suit instead of eviction suit as my relatives were not kept on rental basis, my father had orally asked them to stay so what could be the best possible way to evict them and regain possession.. kindly guide through.. thank u
Asked 6 years ago
in your case they are mere 'gratuitous licensee' only who have been licensed by your father to live in his premises without paying any rent or consideration
3) if uncle family refuse to vacate your fathers should file suit for eviction against uncle family members
seeking ejectment of the tenants from your property on the ground of non-payment of rent and also for for your personal need as well
You are right, ejectment suit is preferable.
An eviction is a lawsuit where you are asking the court for possession of a rental property. ... When a person is in possession of a property and there is no agreement for rent, and therefore no landlord-tenant relationship, an ejectment is necessary
1. Based on property available documentary evidences, a "eviction suit" can be filed in the local Civil Court. However this is fraught with time and money consumption.
2. Try to settle amicably, before initiating any legal proceedings.
Keep Smiling .... Hemant Agarwal
You just came the position of your property from unauthorised encroachment is there your relatives and they were allowed to live in property for a few years as they had no property to live in.
Now you required this property to move one and for your views and on the basis of that we can file the injection.
Sir serve them a legal notice for eviction.ststing that since they were under permissive possession now you need property for own use so ask them to evict same in notice period.
Sir file a eviction suit as they were not living on rent but they were under the permissive possession if they fail leave possession on the notice.
Land purchased by your father on name of you and your mother both of you are absolute owner of land your uncle and his family have no legal right on said property ,they cant stay in said house without your permission
To vacate your house you may issue legal notice ,if they still not vacate then file eviction suit
If they are refusing to vacate then you can file a suit for ejectment.
They are unauthorised occupants hence you may directly approach the civil court with a suit for ejectment and possession of your proeprty.
You may consult a local advocate and proceed legally against them.
The police will not interfere in this civil matter.
