Eviction process
Guest
(Querist) 30 January 2013
This query is : Resolved
We are a family of 3 brothers and 1 sister.
In 81 and 85 resp, we bought 2 flats in mumbai with family funds, flat 1 and flat 2.
Flat 1 was bought in my name (VV) and the nominee is my wife, and flat 2 was bought in my father's name, nominees are my two brothers A1 and A2.
My parents and unmarried brothers stayed in Flat 1, and I and my family in flat 2.
After my parents death, my brothers, then married with families continued to stay in flat 1.
6 years ago I relocated from mumbai, and told my brothers to settle matters- take care of their flat 2 and give me possession of flat 1.Nothing happened.Brother A1 even bought a flat of his own and has given it on rent.
Now flat 1 goes in for redevelopment, and the brothers refuse to vacate claiming certain possessory rights, and a share of the benefits and new house after redev.
Do they have any rights ?
Are they entitled to the rental and share of the new house?
Should i go in for eviction process ?
Devajyoti Barman
(Expert) 30 January 2013
They do not have any share in it.
If they do not agree to vacate the flat peacefully then filing a suit for eviction of licensee would be the only option.
