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seher   06 May 2022

How can i evict/remove my brother-in-law from my property?

Hi,
 
How can I evict/remove my brother-in-law from my property?
 
I am the absolute owner of the property in karnataka, which comprises 1 house on the ground floor and 4 houses on the 1st floor. My brother in law stays in one of the houses on the first floor and the rest of the houses are tenanted.
 
Background:
My brother-in-law was in difficult times and he approached my husband and requested to allow him to stay in one of the houses available in the building for rent, and my husband agreed and allowed him to stay there during his difficult times  rent free, there was no rental agreement nor any form of written consent given to him. Now, after 3 years when my husband asked him to vacate the property he made several excuses & delayed it and finally a couple of months ago, he refused to vacate boldly and made threats to us. He has been in possession for 4 years by now.
 
This is not an inheritance property, it was purchased through the sale deed by my husband and later my husband gifted it to me via the registered gift deed and I hold the registered title deed and the Khata on my name.
 
What is the easiet and quick way to kick him out of that house, any legal / court proceedings would it drag the matter for years?
 
Appreciate your guidance.
 
 
Thanks


Learning

 6 Replies

Shashi Dhara   06 May 2022

Amicable settlement don't work file suit for eviction.

Advocate Y.K. Mehrotra (Advocate)     06 May 2022

Hello 

I have the advice but it might be right to discuss it here at open platform. 

Let me know where to suggest you.

Shashi Dhara   06 May 2022

First issue legal notice to him to evict within prescribed period if he Denys file suit for eviction.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     06 May 2022

Process of evicting a tenant in India

  1. Step 1 – Send a notice to the tenant to vacate. ...
  2. Step 2 – File a suit for eviction. ...
  3. Step 3 – Final notice for eviction.

Divya Vijayan   06 May 2022

Hello!

An eviction notice must be filed in a court of competent jurisdiction, stating the basis for eviction as well as the time and date by which the occupier must leave the property, and it must then be issued to the concerned person. A reasonable time limit must be given to vacate the property. 

The court hears both parties and, relying on the arguments and facts presented, issues a final legal notice of eviction for the tenant. Once the court issues the final eviction order, the tenant must leave the rental property as they cannot overlook this notice. 

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     08 May 2022

What is the easiet and quick way to kick him out of that house, any legal / court proceedings would it drag the matter for years?

Yes court proceedings will take years. 

Is/was your brother-in-law paying rent? Are there any common services to the whole building for which the tenants contribute other than the rent they pay?  What are the other services? Have you given written notice to your brother-in-law?  Has he given written reply?  What is his reply?

How old is your brother-in-law?  Has he got a family?  How many members are there in his family, adults, children?  Where are your parents-in-law? Has your husband got other brothers and sisters? Where are they?   If you have not yet gone to court, please wait.


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