file suit for eviction against your relatives
2) you have been granted probate of the will and you can evict your relatives from the house by obtaining court orders for their eviction
Eviction
There was a family dispute regarding a house. The house has 5 rooms and the relatives are occupying 2 while we have 3. The court has ordered the entire property in my favour (5 rooms and surrounding garden) according to my grandfathers will. The relatives are refusing to leave the rooms and have placed a locks on them. What is my next course of action. Do I need another court order to evict them?
Asked 7 years ago in Property Law
Religion: Hindu
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4 Answers
Hi, you have to file a eviction suit against them or if they are party in the same proceedings then you have to file a execution petition to execute the order of the court.
2. Based on the judgement of the court we can inform you the exact course of action.
It seems there is a decree of court in your favour.
If that is so you can file a petition for execution of decree.
It is not clear whether the court has declared your sahre or has given you in possession of those rooms as well.
If the court has given you the possession of the rooms you can execute the decree with the Police hep whereby the police will physically pist them from the premises and will give you the vacant possession.
If the court judgement is in your favor you have to wait for 30 days and file an execution petition to execute the decree and judgment by due process of law.
You can consult your lawyer on all such further steps to be adopted on this.
