Eviction of an unauthorized occupant from my widowed moms house
Ramesh
(Querist) 24 May 2012
This query is : Resolved
Dear Sir,
My dad has expired recently and we own a house in Bhubaneshwar (HIG) through th housing board. The same was alloted to my father in 1989.
Few years back he thought of renovating the house as he was retring and since we were staying out of orissa as my dad was serving in a different state.
For renovation back in 2003, dad initially fixed a contractor @ rs.3000 pm to supevise the work, however one of my dads younger brother was not well off hen pleaded that let him be allowed to do the supervision or he will commit suicide, hearing this and also my dad being of emotionally inclined to his brothers allowed him to start the renovation and paid him rs 5000 p.m.
After ew months my uncle complained that he cannot live alone and can't eat food from hotel so he said he will bring along his wife and two kids. Dad alloed that too.
apart from his family staying here, my father was also paying the electricity bill, water bill and all other house related bills thru his cheques only as in the mid 2008 he doubted his intentions.
As the year of his retirement approached, he requested that since we i.e. my mother, my mentally disabled brother, his wife, my wife and my daughter need to shift as we were planing to run our firm from there.
The house is a two storied house on the top we all planned to stay and on the ground floor we planned to open a office - a consulttancy firm. He indirectly refused stating that his kids are still studying , please note the education fees of the kids till class 12th was also paid by my dad.
The said uncle owns a stone crusher which due tonon payment of the loan was ceased. taht too was repayed back by my dad and he had started earning some decent amount by leasing it out, which is in our paternal village where he has a house too lying vacant.
Now, recently my dad expired and hell broke loose on us.
My Mom, my other uncles, and well wishers visited him and explained him that he needs to vacate the house now as we all want to sift there and plan to repay the loan amount (@24,00,000) by renting out the lower portion which he has occupied.
He still refused and also said to my mom on phone that - do whatever you want i will not leave and when few other calls were made to him by rwlativess to make him understand the situation - he said i will commit suicde and make us the reason for his death.
He says that my dad even fter he did so much for him has also promised verbaly tht he can stay here till his daughter who has just passed 12th gets married.
Now, we want to know the legal procedure in this case to evict him as he is not a tenant, no agrrement has ben signed, no rent has een taken instead we have paid him monthly allownace, electrcity bills, water blls , education fees for his kids..but have no written evidence of those as well except the cheque payments, as evrything was done in a good will.
The house is in the name of my father and kep in the bank in lieu of which the renovaton loan was taken.
Deeply stressed due to the same as my mother is also not keeping well.
also want to kno, keeping in mind his crooked and fraudulant past, what rights does he has if any.
Eagrly waiting for a reply on this case sir.
Will be indebted if a solution is provided where the episde is resolved amicably, we are a decent family and do not wish to use any illegal means to evict him, as suggested by few .
Thanks & Regards
Ramesh Sharma
9958858001
Nadeem Qureshi
(Expert) 25 May 2012
Dear Querist
you should contact a lawyer in your area and consult with him/her.
Shonee Kapoor
(Expert) 28 May 2012
1. You (all legal heirs) should issue a notice for vacating the said house.
2. File a suit of eviction.
Of-course you would need help of a local lawyer in this regard.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Ramesh
(Querist) 29 May 2012
Thanks Mr Kapoor, that helps, however would also like to know if he has any legal right on the house on the basis of his stay of last 5 years.
Regards,
Ramesh
ajay sethi
(Expert) 29 May 2012
he has no rights on said house . the house has been bought by your father , constructed from his own funds he permitted your uncle to stay there as gesture of good will on account of his waek finacial position .
merely because he has stayed for 5 years does not give him any right on said house
Ramesh
(Querist) 04 June 2012
Thanks Mr. Sethi,
The point stated by you were both comforting and assuring.
And we are going as per the legal procedures prescribed by Mr. Kapoor.
Thanks all,
regards,
Ramesh.
