premissive occupant

The fact is that the elder brother (A) brought property and put up house in the said property, since there was not enough space in the house during the Elders Brothers (A) Daughter marriage he constructed a portion within the premises in the vacant land available and requested his younger brother's family (B)  who were until then living as a joint family to shift to the newly constructed portion which is only 152 sq.feet. Now the former one (A) wants to evict his younger brother(B), he  states that his brother(B)  is a permissive occupant so he has no right to stay there or could claim any right over the property. The property was purchased by the family contribution when they were jointly living together but the younger brother (B) has no proof to prove his contribution towards the fund to purchase the property.

If  there is no proof of formal partition,the family will be treated to be joint and the younger brother can not be said to be a permissive tenant rather he is a co-sharer entitled to get his due share.He can not be evicted.

If it is a fmly property then B is not a PO. On that ground eviction not possible.

The true position is that although there is presumption of joint family, there is no presumption that the property is joint family property. However, if there is nucleus belonging to the joint family, then the property purchased would be deemed to be joint family property. If there is no necleus, then the member who asserts that the purchased property is joint has to prove that fact.

Thank you.