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Ejectment of my younger brother from my property

Querist : Anonymous (Querist) 11 July 2024 This query is : Resolved 
Sir, in the year 2023 we ( 3 bothers, myself eldest and youngest lives in other city due to job, my younger brother and his family lives on the property however we go to home time to time and have their room for staying let us say joint enjoyment of property and is still in the same way) got declared our shares in the property of our late father who died without a will in 2013 through lokadalat vide a compromise deed in the form of family settelment where it was mentioned that parties are agree for their respective share and are in possession of their shares. But as my younger brother was occupying some part of my share from the beginning he told me that after 6 months he will vacate my portion as during this time he will make a house for him and his family so i as a guster and goodwill allow him to continue for 6 months now it is going to over 1 year, he always make this and that excuse when I ask to vacate my portion his intention seems to be not good. Please suggest what legal option is available for me to eject him and his family from the portion of my share and get exclusive possession on my whole share as awarded by lokadalt to me.
kavksatyanarayana (Expert) 11 July 2024
You once again try amicably, otherwise, file an eviction suit against him.
T. Kalaiselvan, Advocate (Expert) 11 July 2024
You can file a suit for ejectment against him to eject him from your share of property on the basis of lok adalat family settlement.
Querist : Anonymous (Querist) 12 July 2024
Tnx for you're valuable advice please note that a) - he is my real brother and i have no rent agreement with him and suppose if I ask him to do so he will not be ready.
b) - I don,t have also any thing in writing for the fact that he requested me to allow him to continue stay for 6 months more it was verbal as he was occupying that portion from beginning and used by his family
c) - he also took electricity connection in his name after father demise which was earlier in father,s name.
Considering above points please advice which should I file ejectment with recovery of possession OR eviction with recovery of possession further can I demand for mesne profit also.
Querist : Anonymous (Querist) 12 July 2024
In point c) - please note that in nagarpalika revenue records we have endorsed our names for our respective shares and paying house tax and water tax seperately for respective share of ours.
Advocate Bhartesh goyal (Expert) 12 July 2024
Since your portion ( premises ) is being used by your younger brother with your permission without paying any rent so he is not your tenant but a licensee . First you issue notice and terminate license and demand vacant possession of premises, if your brother does not comply with notice then file suit for possession against him .you can also claim mesne profits.
Querist : Anonymous (Querist) 13 July 2024
Goyal sir,
I don,t have any thing in writing for the fact that he requested me to allow him to continue stay for 6 months more it was verbal as he was occupying that portion from beginning and used by his family. he also took electricity connection in his name after father demise which was earlier in father,s name.your views.



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