• Relative living in our property not ready to evacuate

Hello Sir, 
 We have a property owned under my mother's name in Punjab. My dad had given this property to his smaller sister around 20 years ago as his sister was facing financial crisis and we were staying outside Punjab. Now when we have decided to sell the particular property they are refusing to do so as they say they have nowhere else to go. But its a lie as my father's sister's husband as a parental property in the name of his parents in Punjab itself. But still they are harassing us.
 Both my parents are heart patients as well as senior citizens. Please guide us what should we do in this entire matter. Also please suggest any special laws in India for senior citizens and medically ill patients.
Asked 8 years ago in Civil Law

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10 Answers

1) your mother should issue legal notice to her sister in law to vacate the property

2) sister in law is only gratuitous licensee and has no rights on the house

3) No one acquires title to the property if he or she was allowed to stay in the premises gratuitously. Even by long possession of years or decades such person would not acquire any right or interest in the said property.

4)file suit for eviction of SIL and her family

5) The protection of the court can only be granted or extended to the person who has valid, subsisting rent agreement, lease agreement or license agreement in his favour.

6) since your mother is a senior citizen seek expedited hearing of the case

Ajay Sethi
Advocate, Mumbai
98915 Answers
8044 Consultations

your mother can execute POA in favour of her daughter if she is unable to attend court due to her illness . however your mother will have to give evidence during trial

2) if your mother is threatened she can file police complaint of criminal intimidation against her SIL under section 506 of IPC

Ajay Sethi
Advocate, Mumbai
98915 Answers
8044 Consultations

1) disposal of suit would depnd upon pendency of court cases in your city

2) since your mother is senior citizen she can seek expedited hearing of the case

3) it would take around 5 years at least

Ajay Sethi
Advocate, Mumbai
98915 Answers
8044 Consultations

On whose name is the property?

If it is on your father's name, he should give a notice to her instructing her to vacate the premises as he want to sell or dispose it.

He may mention in the notice that she was allowed to stay there during his absence as a caretaker, hence she is liable to vacate now.

First send a legal notice and then institute an eviction suit.

T Kalaiselvan
Advocate, Vellore
89117 Answers
2436 Consultations

My sister lives abroad, so can she being an NRI file case against harassment to her senior citizen and medically ill mother because NRI cases are dealt with urgency I guess.

That lady staying there and her husband have contacts with goons too, so can we file Criminal case against them stating a threat to life to us, along with Eviction Case simultaneously.

Your sister cannot file a case on behalf of your parents.

They only have to file the case but criminal complaint can be given by you also for the offences of nuisance and tortures.

T Kalaiselvan
Advocate, Vellore
89117 Answers
2436 Consultations

can you please tell me what is the approximate time in resolution of such cases. If they were our tenants or if we had any rent agreement or such with them then it would have been a different story, but they are our relatives and no such documentation we have between each other. Kindly suggest.

The time taken for disposal depends on various factors hence it cannot be predicted.

They can be shown as caretakers and can seek the court permission to eject them out of the property as they are illegal occupants for staying in the property despite issuing them a legal notice to vacate the property.

T Kalaiselvan
Advocate, Vellore
89117 Answers
2436 Consultations

1. The court will not order the occupants to vacate the house just because there is a litigation pending agaisnt this property.

The case itself is for evicting them, so how can the court evict them at the beginning of the case itself.

You have to wait for the disposal by court.

2. Approaching police after 20 years span is nothing but making mockery of the police force.

You people have allowed them to occupy the house then but now you claim them as trespassers, hence it cannot be maintainable.

3. No such case is maintainable. Dont try to look for any short cut.

You have to follow the due process of law in order to get permanent relief and not a temporary releif.

T Kalaiselvan
Advocate, Vellore
89117 Answers
2436 Consultations

1) you can seek appointment of court receiver pending hearing and final disposal of the case

2)mention that they own another house 15 kms away and can easily stay there

3) police would not intervene as it is civil dispute

4)property belongs to your mother she is staying in Punjab only she has to file case for eviction of trespasser and not your sister

Ajay Sethi
Advocate, Mumbai
98915 Answers
8044 Consultations

1) file consent terms in court wherein your sister in law undertakes to vacate the premises within period of 2 months

2) it should be mentioned in consent terms that if she fails to vacate premises within period of 2 months she shall be liable to pay rent at market rates for period she continues to remain in possession

3) in the event she fails to vacate the premises you can take out contempt of court proceedings against her

Ajay Sethi
Advocate, Mumbai
98915 Answers
8044 Consultations

The party who has filed this case has to submit a memo before court stating that on the basis of out of court compromise arrived between both the case may be dismissed as not pressed

alternately, a petition may be filed seeking to draw a compromise decree in which both the parties agree for compromise on mutually agreed terms, which will be more effective and may avoid litigation in future in this connection.

T Kalaiselvan
Advocate, Vellore
89117 Answers
2436 Consultations

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