Issue notice to brother and his wife to vacate portion of house in their possession 

if they refuse file suit for eviction against brother and his wife

A owner can evict any person from his property who has no legal right to reside therein.

Therefore, you can file a suit for licensee to oust your brother and his family from this house.

However such suit may loose its merit if  keep his wife and children to stay in the house but want your brother alone to be evicted. 

As far as you i.e., the owner of the house is concerned, your brother and his wife and kid are outsiders and unauthorised occupiers, hence you have all rights to remove them fro your house.

you can verbally inform them to vacate the house, failing to listen to your verbal instructions, you can issue a legal notice followed by a suit for ejectment to eject them from your house by due process of law. 

Dear Client,I understand this is a challenging situation for you.

Based on the details provided and the relevant laws, here are the legal remedies available to you to prevent your brother and his wife from living in your house:

To evict your brother and his wife, you can follow these steps:

1. Issue a formal eviction notice to them, stating your reasons for asking them to vacate the property. Give them a reasonable time to move out, such as 30-60 days.
2. If they refuse to leave after the notice period, you can file an eviction suit in the local civil court. Provide evidence of your ownership and the reasons for eviction.
   The court will hear both sides and issue an eviction order if it finds your reasons valid. The police can then be called to assist in the eviction if needed.

If you are satisfied with the reply, kindly give me a 5 star rating.

Regards,
Arunkumar Khedia
Advocate Bombay Highcourt.

Your brother cannot live there if it’s your self acquired propriety. You can tell him to leave or file criminal trespass case or suit for his eviction 

As the property belongs to you only and you being the sole owner, it is under your wish who will reside in the said property and who will not. Therefore, you can at anytime make your brother vacate the premises of your house. The options you have are -

You can send him a legal notice 

You can file a Civil Suit seeking mandatory injuction.

You can file a complaint with the Police for House trespass

- If the said house is in your name , then none of your family member can live into the said house without your consent 

- Hence, you can disallow them to live in that house on any ground , and can inform them that this house is only for your parents 

- Further, if they are already living in that house , then if they not respond your request , then send a notice to them to vacate the property 

- Further, if not vacated , then file an eviction petition before the court. 

Dear Concerned, 

You May proceed with filing of Eviction suit against your brother and his family as he does not have any legal right to stay in your house, as long as 100% money to purchase the house has been paid by you. 

Best of Luck. 

Dear Client, as the owner of the house, you have certain rights to decide who can live on your property. If you wish to prevent your brother and his wife from residing in your house, here are some legal steps you can consider:

1. Issue a Notice:
Start by issuing a formal notice to your brother and his wife, stating that you do not permit them to live in the house and that they must vacate the premises. This notice should be in writing and should clearly outline your ownership of the property and your decision.

2. File a Civil Suit for Eviction:
Trespass: If they do not vacate the premises after receiving the notice, you can file a civil suit for eviction. As the owner of the property, you have the right to evict unauthorised occupants.
Injunction Order: You can also seek an injunction order from the court to restrain them from entering the property.

3. Police Complaint for Trespassing:
Trespassing: If your brother and his wife continue to stay without your consent, you can file a police complaint for trespassing under Section 441 of the Indian Penal Code (IPC), which defines criminal trespass.

4. Specific Legal Provisions:

Transfer of Property Act, 1882:
Section 38: Allows the transferor (owner) to take legal steps to evict unauthorised occupants.

Indian Penal Code (IPC):
Section 441: Defines criminal trespass.
Section 442: Describes house-trespass, where a person unlawfully enters or stays on someone else’s property.

Code of Civil Procedure (CPC), 1908:
Order 39, Rules 1 and 2, pertains to temporary injunctions and interlocutory orders that can prevent someone from staying on the property.

Legal Advice: Consult with a property lawyer to get detailed legal advice and to help you draft the notice and other legal documents.

Issue a formal notice:
Notice Drafting: Have your lawyer draft a formal notice asking your brother and his wife to vacate the property within a stipulated period.
Delivery of Notice: Ensure that the notice is delivered through a reliable method, such as registered post or courier, to have a record of delivery.

File for Eviction and Injunction:
Eviction Suit: If they do not comply with the notice, file an eviction suit in the appropriate civil court.
Injunction Application: Simultaneously, file for an injunction to prevent them from entering the property.

4. File a police complaint:
Trespassing Complaint: If your brother and his wife still refuse to leave, file a police complaint for criminal trespass. Provide all necessary documents, including the property deed, proof of ownership, and a copy of the notice.

Documentation Needed:

Property Deed: Proof of ownership of the house.
Formal Notice: Copy of the notice sent to your brother and his wife.
Communication Records: Any communication records showing that you have asked them to vacate the premises.
Police Complaint: Copy of the police complaint, if filed.

By following these steps and utilising the relevant legal provisions, you can take the necessary legal action to stop your brother and his wife from living in your house without your consent. Consulting a lawyer throughout this process is crucial to ensuring that all legal procedures are correctly followed.