• Illegal house occupancy by relatives

Hi,
My close friend had purchased a independent house at his hometown. Since my friend works in another city his father allowed his elder brothers wife, elder brothers son and his younger brother to stay in the house and he moved city with my friend. Its been almost 7-8Yrs now they are staying there. 

The house is fully owned by my friend and has all documents in his name and has repayed home loan he had taken on that house. Now he wants to sell the house but his relatives are not vacting the house instead they are asking for money from my friend. Also his relatives are calling him and his wife and father daily 10 to 15 times and abuse them.

Can you please suggest how can my friend get his property back and also get free from this daily abusing.
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

1) your friend should issue legal notice to relatives to vacate the house

2) if they refuse file suit for eviction of trespassers

3) record their abuses

4) also file police complaint of criminal intimidation against them under section 506 of IPC

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. Nothing to worry as they being the permissible occupier of the proeprty then do not have any right of residence in the proeprty.

2. However since they are not vacating the proeprty the only legal means to get back the physical possession of the same is to file suit for eviction of licensee.

3.The suit would take some time but surely they would be evicted. In the same suit you can claim damages as well for using the flat without permission for so long.

4.So mmet a lawyer and proceed on the line as advised above.

5. For daily abuse criminal case of abuse and defamation can also be filed.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Dear..

Feel free to file the F.I.R against them ....in a different manner....then after you can solute your isssue..

Regards

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

1. Your friend has to file a suit for eviction against his relatives who are in illegal possession of the property. He is free to sell his house but if he does not have the vacant possession then no prudent buyer will be ready to purchase it.

2. He should also file a criminal complaint for house trespass and criminal intimidation against his relatives under section 452 and 506 IPC.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If the house property is on his name, he can issue a legal notice asking them to leave the house which was let out to them just for residing temporarily without any rent.

If they fail to comply with the demand made, he has to file a suit for ejecting them by due process of law.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1. Let your friend lodge a police complaint against his said relatives for illegally trespassing in to his house without his consent and threatening and abusing him for asking them to vacate his said house with evidence in support of his allegation like audio recording.

2. Then let him file an eviction suit for illegally occupying his house by trespassing in to it without his permission or knowledge.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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