The house that we live in used to belong to my grandfather who then passed the ownership to my father. My father is currently the legal owner of the house. My Grandfather passed away few years back. My uncle stays with us but is an alcoholic. He has never worked in his life and has fought and abused our family for years and continues to live on our money and use all the amenities at home. Further more he has never contributed a penny towards household expenditure. He is an unstable human being and can be dangerous. What is the legal procedure that we can follow to restrain him from entering our house/ using the amenities in our home.
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how did ownership pass on to your father?
2) did grand father execute a will or gift deed in favour of your father
3) if your father is absolute owner of the house your father will have to file suit to restrain uncle from disturbing his possession of the house and to direct uncle vacate portion of house in his possession
It was a gift deed as the ownership of the house was transferred to my father when my grandfather was still alive.
Your father is absolute owner of the house and can file suit to evict your uncle
Dear Concerned,
As your father is the owner of the property your father can easily take a stern step. If you go legal i.e filing an eviction suit - this will hang on for years.
Your father should
a) Give a Public notice in News paper stating ending of all ties with your uncle
b) File a complaint to the concerned police station in reference to the behaviour of your uncle
c) Once the above two are done and next time your uncle goes out of the house dont let him come back. If he creates nuisance call police and use the Public notice and Complaint filed as your sheild.
Your uncle will be in catch 22 situation as police will not be able to put him back in your house and he will have to file a civil case (which he would not be able to do immediately)
Best of Luck
1. Has your grandfather conveyed his title of the house in favour of your father by registering a deed of conveyance to make your father the legal title holder of the said house"
2. If yes, then he should lodge a police complaint against your uncle for creating nuisance in the house and attempting to assault your father.
3. Simultaneously he should file a petition praying for an order restraining your Uncle to enter in to his said house.
4. At the same time, he should file an eviction suit against your Uncle.
1. If it was not a conditional gift deed wherein a condition was put by your grandfather on your father to allow your Uncle to stay in the said house for the lifetime, then your father is the sole owner of the said house.
2. So, your father can act as advised in my earlier post.
You can evict him though criminal and civil laws.
Firstly you can lodge a complaint with police for his nuisance and threats he poses as well as for the activities after he is drunk which endangers the inhabitants of the house.
The police would take action to remove him from the house on the basis of complaint and may even register FIR against him if you people would insist on it.
By civil law you can file a permanent injunction suit against him from not to interfere in your peaceful possession and enjoyment of the property and also to have him ejected from the property. This may take time for disposal.
It was a gift deed as the ownership of the house was transferred to my father when my grandfather was still alive.
This makes your father an absolute owner and he has marketable title to the property.
Your father can very well initiate legal actions to evict him from the property.
Your father i.e the title holder of the house has to file a suit for eviction and permanent injunction against his brother in the civil court to oust him from the house. Without the permission of the title holder none can enter let alone reside in his property.
