Hi sir, My father had given our flat in West Delhi to my mother's brothers in 1988 on good faith and without any rental agreement. They have never asked for any rent from them. My parents started asking them to vacate the flat 10 years back but they kept on making some excuse or another and finally now they have started claiming that the flat belongs to them. My parents have the ownership documents. Please advise if a legal case can be put on them and what are the chances that they can get the flat back.
Dear! You can very easily get the flat back and the chances that your Uncle gets the flat are very thin and close to none. You can simply file an Eviction Petition in the Civil Court with juridiction. You can use two of the reasons given in law for supporting this petition i.e -
1. Rent has not been paid by the tenant
2. You need the flat for your own occupation now.
If you file a suit in a civil court, then you wil just have to send a notice to them and then file an eviction suit. After that a final notice has to be served after which the court shall give orders to evict the tenants. The transaction will be dealt with by the Rent Control Act. Good Luck!