Ankita ( ) 01 May 2010

The Eviction Process

Dear Friends,

Referring to my case quoted below

"We have a flat reigstered in my husband's name in a registered co-operative housing society in Mumbai which has been in the possession of my husband's brother for the last 28 years (right from the day the flat was bought) as we were staying outside Mumbai for business purpose. Now we want the property back and the brother is refusing the same."

My questions are

- Can somebody guide me what are the typical bottlenecks I might face if I go for a legal eviction of my property?

- Is there any way to speed up the process of the court - assuming that I am willing to work day and night for the same.

Thanks

Ankita

Reply Follow

5 Replies

Kiran Kumar (Lawyer) 01 May 2010

well, since the property belongs to you, u need to file suit for possession with appropriate facts....ur brother is merely a licence so can go for the civil suit.

the process will be similar as being applied to other similar matters, take help of some local lawyer, who is competent and active in civil matters.

G. ARAVINTHAN (Legal Consultant / Solicitor) 02 May 2010

I agree with Kiran sir

bhagwat patil (Property due diligence 9422773303) 02 May 2010

Ankita , naturally the legal process will last for years have u tried other option of private meetings in family.if he is a cunning fellow he might be waiting for legal process to kill the time.

Ankita ( ) 03 May 2010

Have already tried private meetings and he is offering a very nominal amount (15% of the prperty value) as cash compensation. But I am still not very clear what is the greatest time killer in the legal process - can't I directly take the case to High Court or request for speedy trial by paying extra court fees to expedite. What about the constitutional guarantee of speedy trial?