Vikram Khanna 24 March 2020

Brother taken over property.

Sir, we own a bungalow measuring 5000 sq.ft. Half the bungalow belongs to my father and half belongs to my brother. But now my brother has taken over half the property on my father's side. He is running a school since the last 8 or more years without paying any rent whatsoever. Now when we are telling him to vacate the portion on my father's side, he is refusing. Please advise what are the legal options ?
Thanking you.

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9 Replies

Akshay Kolle 24 March 2020

Please reach out to your lawyer for more advice. Overall looking at what you have stated here there are many things which are unclear.

Since you say that your brother is running a school since 8 yrs without paying rent , then you can't even go for eviction process.

Best option would be to file an Original Suit in Civil Court to get possession of the property enroached upon and limitation has not barred yet.

SHIRISH PAWAR, 7738990900 (Advocate) 24 March 2020

Dear querist,

Find out how your brother has occupied the remaining portion. If he has illegally occupied then you can initiate civil and criminal action against your brother. Visit local advocate and consult with him.

Regards,

Real Soul.... (LEGAL) 24 March 2020

You say the half belongs to your brother and half to your father.

Is your father alive ? If yes then let him issue eviction notice to your brother. If your father is not alive and the property is still on his name and he died instestate then your brother has eaqual right in that share that of yours.

If he is running the school in that portion who gave him possesion for that and was he paying any rent previously. He has any agreement with your father or you. Just clearfy and deatil the probelem

Or just issue legal notice and file for eviction suit and contest the case for years.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 24 March 2020

Originally posted by : Vikram Khanna
	Half the bungalow belongs to my father and half belongs to my brother. But now my brother has taken over half the property on my father's side. He is running a school since the last 8 or more years without paying any rent whatsoever. Now when we are telling him to vacate the portion on my father's side, he is refusing. Please advise what are the legal options ?Thanking you.

1. Using the prevailing Senior Citizens Laws, Father can file "Eviction Proceedings", before the local Civil Court, against the encroaching /trespasser Son and his unauthorised activities, by providing relevant supporting documentary evidences and witnesses.

2. There are several HC judgements, wherein the Children were thrown out of Parents property, for many such misdeeds. Parents have irrefutable rights to disallow their children to reside or occupy their property.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Advocate Suneel Moudgil (Advocate) 24 March 2020

what is the status and view of your parents?

P. Venu (Advocate) 25 March 2020

Yes, is your father alive? If so, what is his stand in the matter?

P. Venu (Advocate) 25 March 2020

Yes, is your father alive? If so, what is his stand in the matter?

T. Kalaiselvan, Advocate (Advocate) 25 March 2020

Your father has to first issue a legal notice for vacating the premises.

Subsequently he can file an eviction suit and also he can approach senior citizens' welfare tribunal for an immediate action of eviction.

Dr J C Vashista (Advocate) 27 March 2020

Since the author is silent qua relevant questions raised by experts, prima facie it is an academic time pass topic.

If it is a true story it is advisable to consult a local prudent lawyer for better appreciation of facts/documents, professional guidance and necessary proceeding