• Relative living in our property not ready to evacuate

Hello Sir, a property is under the name of my mother and was given to her sister in law on goodwill basis many years ago. Now when we had asked them to vacate they filed suit against us for permanent stay in the house.
The other party had filed suit against us but later on they themselves withdrew the case stating that on mutual settlement they have withdrawn the case. 
In all this we had filed no case in our defense against them. Now they are giving excuses that they are looking for new house and all, but still they are not vacating our house or giving us any deadline till when they can do so.
I guess this is a clear case of contempt of court as they had filed a case against us, than they themselves withdrew the case but still they are not giving us any deadline to vacate our house even though that family has their ancestral house few kms away from current location that is completely vacant for their shifting from our house.
Please help Sir. Thank you
Asked 7 years ago in Civil Law

15 answers received from multiple lawyers

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15 Answers

1) issue legal notice to SIl to vacate the house

2) if she refuses file eviction suit against her

3)if consent terms filed in court mention that SIL undertakes to vacate the house and she refuses to with draw then only contempt case can be made out

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

1.This act is not contempt of court at all as there is no order of court which is getting violated by them.

2.So Wait for them when they vacate it on their free will.

3.if that doesn't happen anytime soon then file suit for their eviction .Since they status is licensee only the court would grant a decree of eviction which would though take some time.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
510 Consultations

Hi, if you want to go legally you can file for a eviction petition in court against them .. Moreover , they must not be having a rent - agreement , therefore you can also complaint to the police of illegal posession over the property .. My advice is to first settle the matter amicably , if nothing turns out , then file civil: criminal proceedings against them

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

Send a legal notice for evacuation.

If the legal notice fails to help, file a suit for evacuation.

You could also lodge a report with the police for criminal trespass.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

this is not a case of contempt of court, since they are not flouting nay of the orders of the court and also they are flouting with the condition of settlement (if any). Also you will have to file a suit for vacating the premises to get an order in your favor. Please contact a local lawyer who can help you in filing the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

The option before your mother is to issue a legal notice to them asking them to vacate the house immediately as promised while withdrawing the suit filed by them.

Subsequently, you may file an eviction suit to eject them from the premises by due process of law..

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

1) court would not seal the property pending hearing and final disposal of eviction suit

2)you can seek rentals for period of continued occupation of the premises by the caretakers

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

The case itself is for dispossesing them.

If you can get property sealed then there is no case at all.

You can file a suit for ejecting them from the property who are squatting there as caretakers.

You don't need to prove them as tenants.

The possession of property itself is a proof for your case.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

You can concentrate on ejecting your relative and implead the tenants as necessary parties mentioning them as unauthorised occupants who also are to be simultaneously ejected.

You need be afraid of their background, if there subsists a threat through them you can lodge police complaint in this regard.

..

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

You have to file suit for eviction of these trespassers too who are illegally staying in your house

2) mention that no agreement entered into with the said trespassers nor any rent received by you

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

Sealing property is not easy.

If you apprehend some illegal activities then approach the police station and complaint about the same

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

You may file a suit for vacation of the premises and thereafter ask the court to pass at least ex parte order and then you may get the verification done

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

You cannot file suit directly in HC

2) you have to file eviction suit in trial court

3) your mother can seek expedited hearing as she is senior citizen

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

Whether it will get delayed or disposed expeditiously, you cannot approach high court on this matter. No such case is maintainable in high court in this regard.

Law cannot be bended to anyone's personal situation.

It is common for all.

She can file a case in the fast track court on the basis of what you say.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

Check with a local lawyer if HC has original jurisdiction to entertain a civil suit and also enquire the amount as per which the jurisdiction will be decided.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

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