Relatives ghar se nahi ja rahe hai

pankaj rakesh (Querist) 12 October 2012 This query is : Resolved
sir
please help me out in this matter
land and building is on my father's name.
but from 1993 to present my uncle i.e my fathers younger brother is used to live there
but now my father is retire from his service and get back to his own house.
we never take rent or any financial help from my chacha
he just live there with his family and doing his job.
but now they are not in a position to vacant my house
my chacha also knows that this property belongs to my father

what i can do???

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Sudhir Kumar, Advocate Online

(Expert) 12 October 2012
He will not go. You have allowed him to possess the property for nearly twenty years and get a right of possesion by prescription.

You have to fight a long battle of litigation. All neighbourhood including panchayat, RWA etc will be with him and you will in the beginning be a just stranger disturbing a peaceful resident.
After long ordeal (with permananet loss of relations) you can get eviction. When forced to leave they will substantially damage the property.

Just consider the financial aspect.

In cae your father had a Govt house during service then he has got better right to get vacation.

Guest (Expert) 12 October 2012
If your father has retired and wants to settle in the house, better file a case of eviction on the same ground, as he and his family has the first right to settle in the house by getting eviction order from the court. Moreover, your uncle is not paying any rent.

pankaj rakesh (Querist) 12 October 2012
all relatives forced him to leave the house
right now he shifted from 1bhk 1st floor to a small room at ground floor.
and told us that he wants time to arrange something for him.
but i don't think that he wants to arrange something.
my father was govt. servant and had govt. quarter to live at other state.

one lawyer told me that relatives never got right on his own relatives property either they stay for a long period or not.

please give me suggestion that what to do now.

pankaj rakesh (Querist) 12 October 2012
and in a case judgement given by supreme court that
MAKAN MALIK APNE GHAR MEIN REHNE KE LIYE KISI SE BHI GHAR KHALI KARA SAKTA HAI CHAHE WO KITNE BHI SAMAY SE WAHA REHTA NA HO.
KIRAYEDAR HO YA RELATIVES GHAR KHALI KARNA HOGA.

Is that help me somewhere.

Sudhir Kumar, Advocate Online

(Expert) 12 October 2012
He will not go
He will not go
He will not go

ONLY YOU HVE TO MAKE HIM GO. ENGAGE YOUR ADVOCATE SOON.

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