Eviction of relative

Querist : Anonymous (Querist) 31 August 2011 This query is : Resolved

Issue : My Sister and Brother-in-law reside in Bangalore. My Brother-in-laws father had gifted a house in Bangalore to my Brother-in-law. Brother-in-laws father is still alive and residing in Kerala.The house which was gifted as part of gift deed is a 2 storied house.There is no conditional clause in the the gift deed.My Brother-in-law in turn prepared a gift deed and gifted the property to his daughter ( who is a minor).

My Brother-in-law has a younger Brother who was occupying the ground floor since the time, when the entire family was staying together.Now due to some issues, differences have cropped up between my Brother-in-law and others in his family ( Brother-in-law's Father and Brother).My Brother-in-law wants to give the ground floor on rent , but his brother is adamant that he may not vacate the house. Also Brother-in-law's brother is known to be a dangerous person.He says he wants that property and will not vacate it.He is a nuisance since he has abandoned his wife and kid and he brings his friends along with him to my Brother-in-laws house and they have liquor and drink everyday.he treats the property as his own where as the property was gifted to my brother-in-law by a gift deed. Also the most important point is that he(Brother-in-law's brother) already has another property in Bangalore which he has rented out and enjoys the rent, staying at my brother in laws property for free.

Also its not an Ancestral property as it was bought by my Brother-in-laws father around 8 yrs back.Can we claim him as a trespasser and file a police complaint, i doubt whether that will work as he will bribe the police and close the case.

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Raj Kumar Makkad (Expert) 01 September 2011
Serve a legal notice to vacate the illegally occupied house within a stipulated time and then file a civil suit for possession.

M/s. Y-not legal services (Expert) 01 September 2011
Am agree with mr.makkad..

girish shringi (Expert) 01 September 2011
ONCE IF HE WAS OCCUPIER OF THE PROPERTY FROM THE BEGINNING,YOU CAN"t file criminal case,hence I am agree with the experts.

Querist : Anonymous (Querist) 01 September 2011
Thanks for the prompt response and sorry for the repeated queries as i had no idea where to file this, i mean which sec, criminal or property or family, so i filed it in all 3 sections.

he was not occupying it from the beginning, when the property was purchased it was only my brother in law and his father and its only since last 1.5 yrs that he started living with them.so does it mean we can file a criminal case.

Also can you please let me know how much time would be needed to vacate him after filing the case.

prabhakar singh (Expert) 01 September 2011
Where owner is deprived of possession,time of pendency is always increased due to delaying tact and possessory benefit of defendant.A criminal case is still not beneficial.

Querist : Anonymous (Querist) 02 September 2011
Then please let me know the best possible solution to get him out of the property as soon as possible.

prabhakar singh (Expert) 02 September 2011
You state it(a 2 story building) to be a self owned property of your brother in laws(husband of your sister)father and gifted to your brother in law and your brother in law has gifted it to his minor daughter.SO THESE 2DEEDS MUST BE REGISTERED TO PROCEED TO ESTABLISH ANY CLAIM IN ANY COURT OF LAW.bE SURE ABOUT IT!

YOU HAVE NOT TOLD WHO ACCEPTED THE GIFT ON BEHALF OF MINOR DAUGHTER OF YOUR BROTHER IN LAW.

ANY WAY IF ALL LEGAL FORMALITIES WITH RELATION TO GIFT ,IF ASSUMED TO BE CORRECT,THEN AT PRESENT,IT IS THE MINOR DAUGHTER WHO IS LEGALLY OWNER OF THE HOUSE.
I FEEL HANDICAPPED TO APPLY MIND MORE APPROPRIATELY FOR YOU DO NOT MENTION THE RESPECTIVE DATES OF THE GIFT SO THAT A POLICE CASE MAY BE CONCEIVED.
BUT YOU ALSO SAY THAT BROTHER OF YOUR BROTHER IN LAW CAN MANIPULATE WITH POLICE,HENCE I IGNORE THIS ROUTE.

IF IT IS POSSIBLE FOR YOUR BROTHER IN LAW TO HANDLE AND USE POLICE PROPERLY,THEN THIS ROUTE CAN BE THOUGHT OF,ONCE DATE OF TWO GIFT DEEDS AND YEAR OF CONSTRUCTION OF RENTED HOUSE OF BROTHER IN LAW IS OR DATE OF HIS BUYING IS KNOWN.

NOW coming to civil proceedings of eviction and claim for wrong full use and occupation @of market rent after demand of possession by a registered notice duly served up on him(on brother of your brother in law)or refused by him on behalf of THE MINOR DAUGHTER SHOULD BE SENT THROUGH HER GUARDIAN WHO ACCEPTED THE GIFT ON HER BEHALF and there after a suit of eviction and possession can be filed in the court having pecuniary and territorial jurisdiction over the subject matter ,i mean over house in dispute for which you need consultation of a lawyer practicing there and well versed in civil laws.

Querist : Anonymous (Querist) 02 September 2011
Both the Gift deeds are registered
1) Transfer from father to my brother in law ( this was done on 11-Nov-2010)
2) Transfer from my brother in law to his minor daughter. ( this was done on 15-April-2011)

The Gift deed was accepted by my Sister on behalf of minor daughter of my brother in law and as per the documents with the
BDA office minor daughter is the legal owner.

YEAR OF CONSTRUCTION OF RENTED HOUSE OF BROTHER IN LAW IS OR DATE OF HIS BUYING : It was bought by BROTHER IN LAW's father in the year July 2004.

Yesterday night the brother of my brother in law had got some friends in this house ( ground floor which he occupies ) and started creating nuisance, my borther in law in turn called the police and although they came and adviced them not to make any trouble, my brother-in-law did not register any official or writen complaints, it was all through phone. would it help during the case, or do we need to register a police complaint against him.

girish shringi (Expert) 04 September 2011
Why to leave such a chance in the hand immediately file FIR regarding nuisance and if possible add some sections of IPC,so brother of your brother in law must be remanded.
Now its the work of quality and knowledge regarding criminal side expert.
Don't play unsecured game in life to defeat,without knowing the future outcome.
However your case can be proved by the brother of b in law,is of criminal nature because father gifting the son and without passing a much time that son is gifting his minor daughter,what's the reason?
Be careful before making legal complications,which your B in Law has already done.

girish shringi (Expert) 04 September 2011
Who advised your B in Law to do the same,before scrutinise the future outcome?

Querist : Anonymous (Querist) 06 September 2011
I am sorry, but i am not clear on the question as to what would be the effect of my Bro-in-law gifting his house to his daughter? Also when the above gift deed took place his brother was not even presnt in India as as such there was no confict between my Bro-in-Law and his Brother.

Please let me know if the above issue willc ause any adverse effct on my case?

Querist : Anonymous (Querist) 26 November 2011
We have send a legal notice of 15 days to vacate the illegally occupied house and then if he does not adhere to the notice will file an eviction suit.

Can some one please tell us how long will the whole process take. Also is there any other way ( of course legally ) by which the eviction can be speeded up.

If we want this case to be hard in fast Tracked court, whats is the process for the same.

Querist : Anonymous (Querist) 10 June 2012
The case is in the court and the trespasser ( brother-in-laws brother) has produced some fake documents saying that my brother in law had authorized him to stay in that house. He has also got those documents Notarized.These fake documents has got my brother-in-laws signatures which according to my brother-in-law were never signed by him.But brother-in-law also doubts that when both of them were in good terms , there were some blank documents which he had signed but cant really confirm that.

1)can someone advice what should be our next step to prove that those are fake documents.

2) And if its the same signatures which my brother-in-law had done on the blank papers, how to rectify/correct the same.

Thanks

Querist : Anonymous (Querist) 11 June 2012
Really looking for any of the respected lawyer to respond to the above query.

Eviction of relative

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