1) issue legal notice to uncle and aunt to vacate the house
2) if they refuse file suit for eviction
3) contact a local lawyer
Uncle doesn't leave home which he has taken on rent from us
My grandfather has a home and land in village. Grandfather is dead now and property is still not divided. Grandfather has 4 sons including my father. All three sons have something with themselves of my grandfather. We have nothing. Youngest son of my grandfather used to stay in grandfather house but it's fallen due to rain. My father recently bought one separate home at village ( after grandfather death) which is registered on my mom's name. And uncle and aunt ( youngest son of grandfather) stay there on rent ( we have no written agreement). Now we have decided to increase rent but they do not agree and not ready to leave home. They say first rebuild grandfather home or make another home available for their living. This home doesn't belong to my grandfather and should not be considered in property division discussion. How can I make them to leave my home?
Asked 8 years ago in Property Law
Religion: Hindu
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6 Answers
Since your mother is the title holder of the house she is the one who has to file a civil suit for eviction against your uncle and aunt. Nobody can live in the property of the title holder without his permission. The civil court will order their eviction.
Thank you for advice. I think this matter comes under Section 106 in The Transfer of Property Act, 1882. Please correct me if I'm wrong. It means I can send them 30 days notice to vacate. Can state reason for my personal use? Does notice has to be sent through advocate or first I need to send normal written notice from our side? And if they refuse to move out, can I file suit on basis of Normal written notice we sent?
Asked 8 years ago
you can call your uncle and aunt to vacate the premises as you want premises for personal use
2) it is better you send notice through a lawyer
3) if they refuse to vacate file eviction suit
1. Your understanding of law is flawed. No notice is required to be issued before filing the civil suit.
2. However, if the notice is to be sent then send it through your lawyer.
If your uncle is not listening to oral instructions,a legal notice on behalf of your mother may be sent instructing him to vacate the house.
If he is not complying with the instructions, an eviction suit may be filled on the grounds of default of rental payment
You can send a legal notice from your side too.
This can be followed by a suit for eviction on the grounds of default in rental payment and for personal use.