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Michael Rao (Secretary)     06 November 2010

TAKING POSSESSION OF PROPERTY

Sir, I own a house purchased and registered on my name. I bought this property while I was serving in defence service to keep my parents and other family members. Due to my frequent postings in defence as every body is aware, I could not stayed in my above purchased house and hence, I allowed my parents and other family members to stay in it. Now, since my parents are no more on the earth and other family members i.e. brothers and sisters settled at their places after marrying or so, one of the brother who got the court marriage and left his spouse, now staying in the same house and not ready to vacate. I had put my hard earned money to buy the said house. He is is not willing to vacate. I sent him letters but no awail. Please suggest me the rules and regulations under which I can get possession of the same from duly got vacated by him. Can I rent the same property to him charging rent? What papers shall be executed to make him regular paying rent, if so. I also intend to sale the property and buy another one for my wards. Kindly suggest me your suitable advice/rule through which I could go ahead and take action. Regards.



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 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     06 November 2010

If he is ready to take the property on rent and pay the rent regularly then, execute such an agreement with him and register it. If you want him to vacate the house then give him a legal notice calling upon him to deliver the possession to you, if he still does not vacate the house, then file a suit for possession against him in the court.

adv. rajeev ( rajoo ) (practicing advocate)     06 November 2010

file a suit for possession.


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