Vacating relatives from my owned house
DDiya
(Querist) 30 March 2017
This query is : Resolved
The property belongs to my father, he is the sole owner of the property. While buying the property, we were not in that city. For time being we kept my dad's family(including my dad's 3 brothers and their families along with grand parents) as tenants ( there is no letter or agreement made tat time for tenant formAlities since they are relatives). When we came back to the city, we asked our uncles except grandparents vacate the house since my family has to occupy the property.. also gave them few months time during tat periods grandfather and uncles filed case against my father asking for partition in that property. In additional court judgement passed infavour for my father since they never contributed anything for the property also that property bought only in housing loan that is getting debit from my father salary. Again they appealed in high court.. there also Case dismissed. In mean time they are threatening us with political people and local rowdies to register that property in their name. After the judgment s also they are doing same thing by occupy if position in that property. I need suggestion that whether we can give complaints to leave can police station or not also local police people are supporting them. We are planning to put eviction. How long it will take to vacate if we do so.? Is there any possibility for them to appeal against us in court?
Dr J C Vashista
(Expert) 01 April 2017
Your father has stated to have allowed your grandparents and uncles to reside in the self-acquired house property on licence (as tenant without any formal lease & licence agreement), how they can seek partition?
How the suit was admitted?
What is the judgment of trial/high Court?
As per the query after the judgment they are (defendants/uncles) are stated to be in possession/occupation and threatening for registration of the suit property in their name through political people and local rowdies, is it true statement?
You are seeking suggestions inter alia, that, " whether we can give complaints to leave can police station or not also local police people are supporting them..."
What do you intend to say is quite vague. Did you seek guidance from your lawyer for the question?
Further you have stated inter alia, that, "we are planning to put eviction. How long it will take to vacate if we do so?" Do you expect the legal experts on this platform, who are not astrologer(s), can predict?
An intelligently drafted hypothetical and vague query. If there is slightest truth in the story, discuss with your lawyer.
Rajendra K Goyal
(Expert) 01 April 2017
High court has decided in favor of your father.
File execution to vacate the property.
lodge police complaint against their threatening.
Kumar Doab
(Expert) 01 April 2017
Agreeing with experts.
Record all threats.
Keep unshakable witnesses.
The person that knows the full case details (Probably your father) may approach his own counsel that has won the cases for you or another senior counsel specializing in such/civil matters, and show the full case file.
The time that a case may take to decide in court of law can be guessed by your own counsel.
