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prarabdh varma (programmer)     05 December 2012

Brother's right in property

hello Mr. advo.,  sir we have a property which my father brought 38 years ago,this property is in cantonment board area.the time when the property was brought ,my grand father was alive and he had already been retired  from job some 2-3 years ago.As I told you that my father has brought the property so all legal papers have my father's name .my father has four brothers,one elder and three younger ,the elder one is 2 years elder and younger ones are 4,12,15 years younger.my father's age was 25 years when they brought the property so the younger brothers would have been of 13 and 10 years.all the brothers have their jobs in central govt.and  eldest brother has died.

                      In present situation eldest brother's son & DIL  and the brother elder to youngest one(second last one),on the issue of property say that this an is ancestral property and my father has taken all the money to buy house from my grand father so on this ground the are not vacating our property which solely belongs to my father.
the other two brothers had left our property and made their own property and they never ever even claim that this is their property or any thing like this(but we don't belive that in court they will support us).My father allowed them and one of our relatives(my father's cousin brother and his family) on the ground of mercy as they all lived in a troublesome situation and faced very crucial time .but now all of them are well setteled so we want to sell out our property but my uncles and one of our relative(my father's cousin brother and his family)who  are  yet living in the same property are not allowing to do so.my real uncles had never gave anything as rent but our relatives used to give us rent but from last 12 years they also not given any thing as rent.So  no income and loss of money in form of tex led us to take step to sell out our property.

                Now when we gave a notice in this case( to our uncles only )some 12 year ago they gave the same answer through their advocate.my father has some soft corner for them so he didn't proceed the action .but now he say that the matter has gove out of our hand .sir I want to ask you that can we take our property back ? and how to  evict all those who are living in our property without giving a penny .what should be our legal procedure to do this.sir please help me in this regard .



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 2 Replies

Narendra Malik (advocate)     05 December 2012

 

As far as yours father's cousin brother is concern as you say that he was paying rent, do you have any proof i.e. counter foil of rent receipt or rent note or any other relevent document to establish landlord-tanent relationship if yes you can evict him under rent act.

In case of your father's brothers are concern they are not tanents but are licencees, you can revoke their licence and ask them to vacate premises by serving notice by registered post, you can also demand damages for use and occupation of premises at the prevlent market rate. If they do not vacate even after notice you can file suit for their eviction in competent court.

prarabdh varma (programmer)     07 December 2012

thank  you very much


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