Tenant threatened eviction by third party
Ankitbedib
(Querist) 04 July 2012
This query is : Resolved
We have a joint family and property is in the name of our mother. I am a tenant in one of the properties maintained and occupied by me. My brother is threatening us to vacate the property or he will cut open the locks and use his locks so that we cannot use the property which is owned by our mother and he wants a share in the same. Can we file a case against him for threatening us to vacate the property ?
Rajeev Kumar
(Expert) 04 July 2012
You can file a injunction suit against your brother as well as you can file a criminal case.
Rajeev Kumar
(Expert) 04 July 2012
If the property is ancestral then he can claim his share through the legal way and if it is self acquired property of your mother then he can't claim for his share.It will be totally upon your mother wish
ajay sethi
(Expert) 04 July 2012
better resolve your family disputes within family . although you can file police complaint against your brother it will ruin your relations . ask your mother to resolve the dispute
Advocate Bhartesh goyal
(Expert) 04 July 2012
Your brother can not dispossess you forcefully, he is neither the owner of property nor he has any right to evict you.File injunction suit against him.
Devajyoti Barman
(Expert) 05 July 2012
As long as your mother is alive your brother can nothing except her consent.
So either settle amicably or take recourse of law.
JANAK RAJ VATSA
(Expert) 05 July 2012
you are a tenant in your mothers property. brother has not right to dispossess you. file an injunction suit. also file a criminal complint in the police station
JANAK RAJ VATSA
(Expert) 05 July 2012
you are a tenant in your mothers property. brother has not right to dispossess you. file an injunction suit. also file a criminal complint in the police station
Ankitbedib
(Querist) 05 July 2012
Thank you very much for your advice. I also wanted to know one more thing. My mother got the will registered. Can my brother daughter and son claim there share in that property. The same is not mentioned in the will. My mother got the property registered in her name after my father expired and according to my father will, I and my brother mutually agreed to get the entire property registered in my mother name.
