• Eviction of illegal occupants

My elder brother owns a flat in Kolkata. His in laws have been staying there for 10 years now. Now my elder brother and sister in law has filed for divorce and he wants the in laws to leave the flat. However they are not doing so. We have sent an eviction notice through a lawyer with a timeline to vacate the premises. There is no action from their side. Please let me know in case the time line of the eviction notice lapses, what are our legal recourse to get them vacated as soon as possible. They are not tenants, there is no rent agreement or they have not been paying any rent.
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

If inspite of legal notice in laws are refusing to vacate the flat file suit for eviction of trespassers

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Since the relative of your elder brother is staying in the said flat without any rent or agreement ,hence they will considered as a licencee and not tenant and further you should not ask him rent for the period of using the same.

Further, any licensee who does not deliver possession of the premises to the landlord on expiry of the period of licence and continues to be in possession of the licensed premises till he is dispossessed by the court of law shall be liable to pay damages at double the rate of the licence fee or charge of the premises fixed under the agreement of licence.

Hence, your brother should ask for damages, if they not evict the flat .

As you have already sent the legal notice but relative has not given the possession of the said flat within the stipulated period given in the legal notice. Now he should file a suit for taking possession .

Better to file a suit for mandatory Injunction to take vacant possession ,to save court fee.

Mohammed Shahzad
Advocate, Delhi
9916 Answers
121 Consultations

5.0 on 5.0

1. If your brother in law is the actual owner of the proeprty then present residents i.e.his in laws are nothing but licensee of the property.

2.In that event they were rightly served with notice of eviction.

3.Once that is done and the notice is not complied with the next course of action is to file a suit for licensee.

4. So without any delay do so asap.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. Eviction Notice needs to be delivered when someone is a landlord, and he/she wants to terminate the tenancy and remove the current tenant(s) from your property.

2. If any notice is served and after the deadline, the current possessors of the flat doesn't vacate the flat then in such case, the owner can file a case of illegal possession before the Hon'ble Court.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

File a suit for eviction of illegal occupants/trespassers from your property.

This matter can simultaneously be reported to the Police, so that a FIR is lodged against the trespassers.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. Your brother shall have to file eviction suit for getting his said flat vacated.

2. The said eviction suit shall have to be filed at the earliest to ensure that they can not claim the flat on the ground of adverse possession.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Hello Good evening , if they are not vacating the flat file a civil suit for eviction .. Also file a complaint of criminal trespass over the property

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

They are licensee now need to file suit for eviction of licensee and recovery of khas possession after the lapse of one calendar month from ur notice

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

Please note that the present resident are licensee and not tenants.

Since you have already sent a legal notice and they have not abided by the terms of the same, therefore you will have to file an eviction suit at the earliest.


Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If they are not vacating and are reportedly staying without any authority, you may file a mandatory suit and ejection to eject the tenant from the house.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Dear Client,

There`s no time line for such notice but it is advisable, further course of action not to be delayed. Above occupancy amounts to leave and license agreement.

File Police complain that they are living in ur house unauthorized and trespassers.

OR court eviction.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

Shall I tell you, if they are in illegal possession then you should have dispossessed illegally. Now you yourself admitted their permissive possession. Never whisper that they are in permissive possession of the apartment. Forget about your notice and forget that they are in the apartment. One fine day dispossess them and send a thanks letter to them saying that you are thankful to them for obliging the legal notice and for voluntarily handing over the possession. Never go to Court in this issue. Close it as it. For more tips call me.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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