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
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had filed suit against us but later on they themselves withdrew the case stating that on mutual settlement they have withdrawn the case.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 8 years ago in Civil Law
15 answers received from multiple lawyers
Lawyers are available now to answer your questions.
15 Answers
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.
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
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.
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
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..
Hello Sir, we are ready to file case of eviction against the other party but as they are caretakers and not tenants and do not hold any papers of the house they are staying in than is there any provision in law to seal the property till the time the case of eviction goes on. So that they also will not live in that house and neither us. And whosoever wins the case can stay there after that. Please let me know if there is any provision in law to seal the property till the case gets resolved. Thank you !!
Asked 7 years ago
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
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.
Thank you for advice Sir. Actually the reason I am asking to seal the property is because along with them staying there and not vacating our house, they have also kept illegal 6-7 tenants and are taking rents from them. We have no idea if those tenants are goons or some other criminals. I am sure they have done no police verification of those people before keeping them as tenants. So in such circumstances where I am in doubt of illegal activities at my house than what measures under law can we take. And under what conditions does a residential property be sealed by the court. Thank You !!!
Asked 7 years ago
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.
..
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
Sealing property is not easy.
If you apprehend some illegal activities then approach the police station and complaint about the same
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
Hello Sir, we want to file this civil suit directly in High Court as we contacted regarding this case to many and all are saying it will take long time for eviction of these people from our house if we file it at lower court. This is on urgent basis as my mother on whose name this property stands is a senior citizen, heart patient having embedded pacemaker and has retired from her services in a bank last year. We do not have any other house of our own to stay anywhere and also we cannot bear the expenses of staying at rent anywhere else. Please guide us accordingly that what can a senior citizen lady, medical patient as well as retiree do to pace up the case of eviction as she wants the property to get vacated for her own personal use as all these years she was staying in a rented apartment in another city and now she cannot continue to pay the rent after retirement. Thank You All !!!
Asked 7 years ago
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
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.
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