• How to evict my relatives from illegal possession of property

My grandfather before death has transferred all his property to my father. My uncle (grandfather's second son) didn't get anything due to his extremely bad habits. My father thus legally inherited the property, but he made a mistake, that he let his brother and family to reside in the same property without any written conditions. Now after 5 years, my father owing to old age has transferred the same property in my mother's name. This happened in year 2007. Now the property is in my mother's name for 9+ years.
What's bothering me is the bad habits of my uncle's family who is constantly giving my old parents mental torture. They refuse to acknowledge that the property we share entirely belongs to my mother. They claim that we are frauds and that they have all property documents with them. We have tried all reasoning but nothing works, as they are richer and constantly threaten us through goons (that's another story). We have enough of them and now want to either subdue them or make them leave the house. We also want to sell the property and move somewhere else but no one is interested in buying due to constant fighting and they are claiming equal share in property as my uncle is also a son of my grandfather, and that he is not legally disowned. Kindly advise me what should be done to successfully evacuate them.
Asked 7 years ago in Property Law
Religion: Hindu

8 answers received in 1 day.

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8 Answers

1. The status of your uncle is in the proeprty nas that of a licensee and hence he has got no legal right to stay there.

2.So send him a legal notice asking him to quit the premises.

3.if he does not then you will have to file a suit for eviction of a licensee.

4. Since he has no legal right to stay there on decree of the suit he will be finally evicted but till that time you will have to bear their disturbance.

5.To put more pressure you can file criminal case against them too.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1) how was property transferred to your father

2)was it by registered gift deed?

3) if so your father is absolute owner of property

4) issue legal notice to uncle to vacate the property

5) if he refuses file suit for eviction

6) rely upon gift deed executed by grand father

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

Only civil suit for eviction is the proper remedy for you.

S107 IPC is a temporary protection and is not going to help you in any way at all.

Do not worry as right and mighty wouldn't change the course of law.

All the best.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1) file suit for eviction

2) seek injunction restraining them from carrying on further construction

3) also file police complaint of criminal intimidation under section 506 of IPC

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. First conduct a property search from the Registrar's office to understand whether your uncle has got any deed registered in his name of not.

2. If no such deed is found and the property stands in the name of your mother, then file an eviction suit against your Uncle.

3. This is the only remedial legal recourse you have to get rid of your long lasting problem.

4. Such suit may take 5 to 10 years to be disposed off.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. File the eviction suit as advised in my earlier post.

2. Also file an application praying for an order restraining your Uncle in constructing any thing on the said property till the suit is disposed off.

3. For claiming back the property, you shall have to file the civil suit being the eviction suit and for their torture meted on you, you shall have to lodge a police complaint for remedial measure.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

We have enough of them and now want to either subdue them or make them leave the house. We also want to sell the property and move somewhere else but no one is interested in buying due to constant fighting and they are claiming equal share in property as my uncle is also a son of my grandfather, and that he is not legally disowned. Kindly advise me what should be done to successfully evacuate them.

If your grandfather transferred the property to your father's name by a registered document, then your father had absolute rights over the property including marketable title.

Therefore your father's act of transferring the property to your mother's name is very much valid

Now this becomes the property of a married women, it becomes her own and absolute property.

She can issue a legal notice asking them to vacate the house property immediately.

She can file a suit for ejectment for ejecting them from the property where they are squatting illegally.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

They are also bringing their relatives and outsiders to constantly bully us, they are rich and also have contact with the MLA. What should be the best ways to punish them. Is IPC 107 and injunction against construction and trespassing of their relatives the right way. Please guide me step by step, as I am the only hope for survival.

Criminal trespass complaint may be lodged agaisnt the relatives who unnecessarily intrude into the property.

An ejectment suit against your uncle and his family would be more proper to the prevailing situation.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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