Possession of flat

Guest (Querist) 24 February 2013 This query is : Resolved
We are three brothers.
In 1975, my father bought a flat in mumbai in my name with family funds. The two brothers took over our father's business.

The two unmarried brothers stayed with my parents in that house. After my parents death, the two married brothers and their families continued to stay there.

Now, one brother refuses to vacate the house as it is going in for redevelopment, claiming he has possession of the house for so many years and had also chipped in money to buy it,thus he should get a share of the corpus, rental and the new house.

Does he have any right of possession? How do i deal with him? Can he go to court against me?

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prabhakar singh (Expert) 24 February 2013
If the title deed is in your name, you can go to court for eviction after serving upon him a notice that he has been simply a licensee or a care taker and his status of licensee is now terminated and he should give vacant possession with in a month.

Better get in touch of a local civil law lawyer.

Guest (Querist) 24 February 2013
Sir,
does his claim that he has been paying the maintenance charges, electricity bills, water bills over the years add any substance to the case ?

prabhakar singh (Expert) 24 February 2013
In that case you should not develop a case of care taker.

But case of gratuitous licensee would still be open to set up.