Illegal possession of a house
DEEPAK DHYANI
(Querist) 17 November 2018
This query is : Resolved
My Dad has expired 2 years ago & left no WILL .His house is in DELHI & need to be require to sale.This property was purchased on 1995 & my father was doing his business along with me in this property since 1995 till his death . we appoint a family for care take this property during 2002 . After my father death we need to sale this property & told this family to vacate our property but this family specially a lady from this family refuses our property in amount of her share i.e money We want to vacate our house from this family .Please share & guide me to resolve this problem
Dr J C Vashista
(Expert) 18 November 2018
Show the title documents and licence (authorisation) of caretaker to a local prudent lawyer for appreciation, analyses, guidance and proceeding professionally as deemed proper such as
Issuance of legal notice to vacate the house followed by institution of suit for possession, damages, permanent and mandatory injunction.
K.K.Ganguly
(Expert) 18 November 2018
1. You shall have to file an eviction suit submitting evvidence that you had appointed the said family as caretaker of your said house and they are not staying there in any other capacity.
2. Eviction Suit takes considerably a long time.
Guest
(Expert) 18 November 2018
First apply for Legal Heir Certificate and up to date EC for the concerned property. Then serve a legal notice to the occupants to vacate failing which you could file an Eviction Suit in concerned Court in Delhi. It is not that Suits would take time depending on your Advocate's pleadings on valid grounds the case would be taken up on priority.
Kumar Doab
(Expert) 18 November 2018
Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).
The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.
Kumar Doab
(Expert) 18 November 2018
You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influnecial persons etc and/or find a very able LOCAL counsel/Law firm specializing in concerned filed of law e.g; Rent Act/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
There are such very able counsels at each location.
Check for such counsels at LOCAL e.g; Civil courts, HC, SC …
Show all docs and obtain proper written legal opinion.
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Rent Act/Civil matters.
If you are not satisfied with current counsel then engage another very able LOCAL counsel to defend your interest.
After discussing with your counsel you would be knowing the effective strategy of your counsel.
You may have to pursue the eviction if occupant is adamant and recalcitrant and you are unwilling to accept the demands of payment by you, made to you..
