title suit

achintya (Querist) 02 September 2016 This query is : Resolved
Respected experts, i have an query..
Recently I got a property {land and a house constructed on that land} from my mom through a registered gift deed and mutation done on my name but now problem is some portion of that property occupy by my elder brother , i have served them eviction notice by lawyer but they did not vacate the possession now my lawyer advise me to file a title suit ... So I want to know can I got relief through this case mean to say does they vacate the possession ?
What is suitable for this case eviction or title suit?

Waiting for all of yours valuable advise.

Follow Query

Report Abuse

R.K Nanda (Expert) 02 September 2016
File eviction suit.

Rajendra K Goyal (Expert) 02 September 2016
Try to have amicable solution.

If not possible, file eviction case.

Kappil Cchandna (Expert) 02 September 2016
Sir,

Sit for amicable settlement and make a record of the discussion to find out the true intention of your brother. File the suit for permanent injunction.

Warm Regards
Kapil Chandna Advocate
9899011450

Kumar Doab (Expert) 02 September 2016
You have already been advised by your own lawyer and experts.

Subsequent to it and advise by experts in the thread you may proceed fro eviction.

Probably the occupant is contemplating adverse possession.

The possession originating from dishonesty and foul means, bad faith adverse possession, may not receive the recognition from courts of law.

There are many threads on similar query e.g;

http://www.lawyersclubindia.com/experts/Property-law-601596.asp

Your own counsel can guide you further after considered examination of all docs and facts on record.