Eviction suit
Girish
(Querist) 04 May 2015
This query is : Resolved
Hi Sir/Madam,
My aunt(My dad Elder Sister) was staying with us for 33 years last year we have asked them to vacate the house but they didn't after several times intimation. we logged a complaint with the police station when my aunt started using abusive words finally they did in the month of March 2015. Now the problem is she has kept some utensils and locked the door. she is not even picking the call and we have rental Agreement from 2010-2013. Few days back she has filled Suit stating that she is looking for the share from our property. It was given as a gift to my dad from my grandfather(Which was acquired from his own money)
Please Suggest us how to proceed further.
We have all the legal document Can we file a eviction Suit? If yes, What's the procedure?
PS: She is not staying in our property and we know where she is staying now. Her physical possession is not there but she is projecting as she is there in our property. Please do the needful.
Regards,
Girish
Jeetender Gupta
(Expert) 04 May 2015
Please check for applicability of adverse possession on the part of your aunt. You are yourself admitting that she had been there for last 33 years. If she would be able to successfully establish her adverse possession in court, she might not be evicted at all, even though she may not get any legal title or share to the property.
Girish
(Querist) 04 May 2015
Hi Sir,
Her physical possession is not present. We have rental agreement too from 2010 -13. Please Guide me Gurus.
Regards,
Girish
Jeetender Gupta
(Expert) 04 May 2015
need to see your rental agreement, her suit petition etc. It is more a matter of facts at this stage. which court of jurisdiction is this if we can check orders online etc. has she pleaded adverse possession in her petition? was she living for 33 years by the consent of your family or contrary to wishes.
