You need to send them notice or legal notice that property belongs to on your name and as per the family Property distribution Property is on your name so now you want to the property under your possession. As of now you want to o come back by to India and stay in it. In to this reason you can get your property back.
How to vacate brother from my property
Hello, I have the property in the industrial area and this property is registered on my name and was purchased by my father 25 years ago and now my brother and his family are staying in my property from last 15 years. So now I want to sell that property and how can I get them out my property?
Asked 4 years ago in Property Law
Religion: Hindu
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12 Answers
I will give Power of Authority to my wife and she will go there and stay and send them notice. Can you give your contact number I will call you to discuss more in detail.
Asked 4 years ago
You can issue legal notice to brother to vacate property in his possession
2) if he fails to vacate file suit for eviction of trespasser
You can seek phone consultation with any lawyer from this website
obtain contact details from thee website
1. Assuming that your father had gifted the property to you through a registered Gift Deed, then as a self acquired (earned) property by your father, he had full rights to have gifted the property to you.
2. Send a legal notice to your brother to vacate your property and if there's no positive response, file a case for his eviction in the jurisdictional Court.
3. As rightly suggested by you, give POA to your wife, who will act on your behalf in India.
You can contact us in private.
To vacate the property you need to file a suit for eviction first.
1. IF brother is in occupation without your permission from last 15 years, THEN legally he will be classified as in "Adverse Possession" (minimum 12 years) and he CANNOT be evicted and he further derives right to stay in the premises. Conducting any type of legal proceedings shall be legally infructuous.
2. Settle amicably with brother in monetary terms by executing a settlement deed and have the premises vacated.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
You need to get them evicted and then look for buyers for this property.
first step should be to send a eviction notice through a lawyer. Incase they do not budge despite the legal notice, you’ll have to file a court case to get them evicted
Yes that can be done kindly contact me via phone consultation.
Hi, you can contact any local advocate and send the notice to your brother and ask him to quit and vacate the your property. Suppose, if he not vacate the property in spite of the legal notice, then file a suit for eviction.
If the property has been transferred to your name by your father by executing a registered transfer deed, then you will be considered as the owner of the said property.
Therefore if they are not agreeing to vacate the property on oral request, you may issue a legal notice to them to get out of the property.
If they still fail to comply with the demands made then you can file a suit for ejectment to eject them from the property who are considered to be illegal squatters in the property.
You can get the contact details of the advocates of this forum from this forum's profile itself of the chosen advocate.
- As per law, being the owner of the property , you have right to sell and transfer the said property to anyone as per your wish , and none having right over the same.
- You should send a legal notice to your brother , and thereby cancelled the licence given to him , as his status in the said property is line licencee.
- Further if not vacated , then file suit for Mandatory injunction before the court for getting vacant possession of that property .
You can contact me , if needed further suggestion.
