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jiten   16 September 2016

Mother is widow and no source of livelihood, uncle is not vacating my mother's shop.

Dear Sir, My mother is widow and she has an property (Shop) at her name, she purchased in year 2002. As my father died in 1996, the shop purchasing idea was from my Uncle (Big brother of my Father) as he is having running business adjacent to that shop. My uncle idea was let's purchase this shop so he can also use this and run our home expenditure and later in future this shop will be good for children to open any business. There is no rent agreement, nothing, this was just on good will. He (my uncle) has 4-5 shops registered at his name in city and many other properties. Whereas my younger brother and mother don't have anything to run the home. My mother and younger brother wants to get back that shop so they can do some small business for livelihood. But my uncle is not vacating that shop and asking us to do whatever we want to do. Just need to understand how long such cases will run in court because my uncle will also hire a good lawyer to get this case running for long time, considering my mother is widow and they don't have any other source of livelihood. I am an elder son of my mother and doesn't live in same town. I am married and having wide and two sons. I am not sure how court actually sees such cases wheareas one side a person is not having for livelihood and on other side my uncle is having 3-4 shops and many plots at his name and a rich person.


 7 Replies

Kumar Doab (FIN)     16 September 2016

Download evidence, unshakable witnesses, record threats.

File for mense profits,eviction.

Rest your able counsel specializing in such matters can advise you further on all points that you may have including time taken and your uncle engaging  another lawyer.

If possible try to resolve by involving elders, neutral well known persons.

Nitish Banka (lawyer)     16 September 2016

If your mother is in possession of shop file a permanent injunction case

Warm Regards,

Advocate Nitish Banka


jiten   16 September 2016

Nitish Sir,

My uncle is running his Fruits wholesale business in that shop though he has 3 shops adjacent to our shop already. My mother can go and enter in our shop on any day he don't stop her, but when we ask him to vacate the shop, he says he will not.


Not having rent aggrement is good or bad for us fighting the court case.

Suri.Sravan Kumar (senior)     16 September 2016

since your mother is not having any document she can only request him to vacate or try to discuss the issue with some elders in your family to solve the problem amicably.

Kumar Doab (FIN)     16 September 2016

The querist has posted that:


"My mother is widow and she has an property (Shop) at her name, she purchased in year 2002. '


So apparently the title is on the name of mother.

Advocate Bhartesh goyal (advocate)     17 September 2016

your mother has to file a suit for for possesssion and  mense profit against your uncle

jiten   19 September 2016

Sh, Advocate Bhartesh Goyal Ji,  Nitish Banka Ramesh Singh

As there is no rent agreement, and my uncle (Father's elder brother) was just using this shop at good will as we had joint family at that time (Dada ji, and 4 uncles and our family). Now since last 6 years it is not a joint family. I just need to know will that case be considered as a tenants eviction under Harayna Rent COntroller act, or how should be proceede here.

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