Property illegally being used by a relative

Dhruv Kumar Chandwani (Querist) 30 March 2009 This query is : Resolved
I have a commercial property since 1981 where I stayed & conducted my business. I shifted to another city while the property still remains under my title. Before leaving, a corner position not in the covered area of the property but inbalcony of the premises which comes under the premises was given orally by me to my maternal uncle. But he gradually & slowly took over a part more than he was given inside the property after broking the locks of it. now he is not emptying the property to me.

please suggest me the ways & judgements i can rely upon as there was no agreement & everything was done orally

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sanjeev murthy desai (Expert) 30 March 2009
Dear Dhruv Kumar,

Orally anyone cannot be conveyd the title of any property to the anyone execept partition of family property. In your case file a eviction suit against him.

sanjeev desai

adv. rajeev ( rajoo ) (Expert) 30 March 2009
Dear Dhruv,
U can file a injunction suit against ur maternal uncle, by mere using of the premises he wont get any tittle. By taking the possession of the premises u file a injucntion suit praying that not to obstruct for the peaceful enjoyment othwise u go for eviction suit.

PALNITKAR V.V. (Expert) 30 March 2009
I think when the uncle is possession, there is no point in going for injunction.The only legal way out is to file suit for eviction.

Ashey (Expert) 01 April 2009
only in a suit for eviction you can get a favourable order - injunction suit will be entertained only when you are in possession of the property