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Eviction suit

(Querist) 06 November 2020 This query is : Resolved 
I am living in my house which was bought by my late husband. Now the property has come to my name. In the ground floor of my property my brother-in-law is there as a permissive occupant, allowed by my late husband who took pity on him to do so. Even after my husband's death, my brother-in-law is not moving out nor paying any rent. I want to sell my house now. Due to this problem, buyers are not coming foward or they are asking for very low rate. Can I put an eviction suit against him. After initiating the eviction case, if there are buyers coming can I sell while there is a pending suit? or do I have to withdraw the suit and then only can sell? Do I have to pay any court penalty? what are the pros and cons of this approach against waiting for buyers to come without initiating the suit?
SHIRISH PAWAR, 7738990900 (Expert) 06 November 2020
Hello,

You can file a case for evicting your brother-in-law from your property. Further buying conditions depend on the buyer or how you convince him to buy the property even when the court case is pending.
kavksatyanarayana (Expert) 06 November 2020
Yes. You shall file an eviction petition in the court. In the meanwhile, you may execute a Sale Agreement with the buyer subject to the condition that you will do the sale deed only after disposal of the case only in favour of the buyer or his assignees, heirs or representatives after pay the remaining consideration.
Dr J C Vashista (Expert) 07 November 2020
You have posted number of questions in the same story which make it complication, confusing and complex.
Before filing a suit for possession, damages and mesne profits issue legal notice for handing over physical vacant possession within 15 days of receipt of the notice through a local prudent lawyer.
P. Venu (Expert) 07 November 2020
Yes, you can file an action for eviction.
It would be prudent to sell the property after this issue is sorted out.
H. S. Thukral (Expert) 07 November 2020
Your brother in law is only permissive occupant, a licensee. Terminate the license. Then file a suit for mandatory injunction or suit for possession.
Your brother in law can also file a suit for injunction from forceful eviction.
You can sell your property as long as there is no restraint order from court on alienation of property. The buyer might buy the property as such and then take steps to evict the unauthorised occupant. Naturally he would bargain at a lower price. Hire a good advocate. I don't see any difficulty in evicting the person concerned.
Rajendra K Goyal (Expert) 07 November 2020
You said:
Can I put an eviction suit against him.
Reply:
You can file suit for eviction after issuing legal notice to the effect.

You said:
After initiating the eviction case, if there are buyers coming can I sell while there is a pending suit? or do I have to withdraw the suit and then only can sell?
Reply:
It would be better to withdraw the suit before selling. You can sell till there is no stay from court.

Rajendra K Goyal (Expert) 07 November 2020
You said:
Do I have to pay any court penalty?
Reply:
Applicable court fee has to be paid.

You said:
what are the pros and cons of this approach against waiting for buyers to come without initiating the suit?
Reply:
All depend on circumstances and the way you want to adopt.
Hemant Agarwal (Expert) 08 November 2020
AGREE with ALL advise of above Experts.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com


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