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ASHIM KR RAY (business)     07 July 2017

Sir if two brother live in a plot of land and lan in name of one brother can another borther throught him out of land?

Sir, Two brothers A & B lives in a land by born ,land is in the name of Brother A, at the age of approx 55 can A throw B out of that Land.As the land is in the Name of A. Please advice.



 26 Replies

Raveena Kataria (Advocate )     07 July 2017

In my opinion, the other brother will be entitled to file for partition in the civil court and get 50% share of such land, (assuming it's just the two brothers here in question,) or a different share as per the discretion of the court. Please consider, the court bases its judgement especially as per the unique facts and circumstances of each case and takes into consideration the principles of justice, equity, and good conscience.

Siddharth Srivastava (Advocate)     07 July 2017

Since land belong to A hence A can take every decision in respect of land. B who is residing in land is merely being permitted by way of licence and B is at mercy of A and if A wish he can throw B from the land. 

1 Like

ASHIM KR RAY (business)     07 July 2017

Sir,

If Case is filed  against "A" in which name plot is name by " B" what is the chances of winning of "B".

Siddharth Srivastava (Advocate)     07 July 2017

based on you averment "B" has no chance of winning. however, the details are required to be examined in order to ascertain the position and advise. 

1 Like

Kumar Doab (FIN)     07 July 2017

A is owner and can proceed to evict B.

 

The fate of any case cannot be predicted.

Decision by court of law is pleasure and discretion of court of law on facts, merits, precedences ………….

 

Kumar Doab (FIN)     07 July 2017

The facts and merits of each case may differ.

You may go thru:

https://www.lawyersclubindia.com/experts/Property-law-601596.asp

ASHIM KR RAY (business)     07 July 2017

Sir,

 In this matter whom do you think a stong candidate to win the case in such circumstance.

Kumar Doab (FIN)     07 July 2017

Generically speaking; The title holder is owner.

The fate of any case can not be predicted.

Your own counsel that has seen all case related docs can opine the best.

Advocate Bhartesh goyal (advocate)     07 July 2017

A is registered owner of questioned plot and B is having permissive possession ( licence ) over plot.A has legal right to evict B .As per law
1 Like

Kumar Doab (FIN)     07 July 2017

Hope you are satisfied.

1 Like

ASHIM KR RAY (business)     08 July 2017

sIR,

  " B" has made his home an has been living in that plot of land since 55years.What are the chances in these case?

Kumar Doab (FIN)     08 July 2017

The above mentioned thared provides citations.

rest your own counsel can search for you as per facts of your case.

K.UPENDER REDDY   09 July 2017

"A" is strictly liable to prove as it is his self acqured and not by succession. He(i.e., A) is also required to answer why B was permitted for all these 55years along with A in the said place.

ASHIM KR RAY (business)     10 July 2017

Sir,

 

     Actually family issue arise where A owner of land start living separately in another rented house.The father of "A" register land in big brother's name i.e A's name.Now "A" should leave the plot of land as "B" has made his home also there.


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