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had filed suit against us but later on they themselves withdrew the case stating that on mutual settlement they have withdrawn the case.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
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 6 years ago
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 6 years ago
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 6 years ago