Issue legal notice to brother to vacate the ground floor of the house
2) if he refuses file suit for eviction
3) suit for eviction would take some years to be disposed of
Occupation of house by brother
I bought a house in Gurgaon in 2001 and my parents and brother lived. Now my mother has died and my father has shifted to our ancestral house along with my brother. Son of my brother is staying in the Gurgaon house and with the approval of my brother they are not vacating the house. They are on the ground floor of the house. I live on the first floor. Around 15 years back, my brother needed a proof that he resides at this address, hence, I made a rent deed for the FIRST FLOOR for Re. 1/- per month. That time he was on the first floor. Later on I shifted to first floor and he on the ground floor. How to get the house vacated? If a suit is filed, under normal circumstances, how many years it will take at the local courts level for a decision?
Asked 5 years ago in Property Law
Religion: Hindu
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11 Answers
the 1st floor was given on rent but is in your possession. therefore the rented accomodation is in your possession. however in order to vacate him from the house, you have to approach the courts. in case the property comes under the rent control act, it will take time.
regards
See you need to give an eviction notice to the son of brother that he should vacate the premises within one month from receipt of notice.
If he fails eviction suit has to be filed against him. See eviction suit can take some time like 2-3 years further depending upon pendency in the court.
You have to file eviction suit on the ground that you required the building for your own residence as you are the Bonafide owner the civil suit should not take much time depending on the contest you may get the eviction order from the court in minimum time
1. Since you made a rent agreement with your brother, he on papers becomes a tenant of this house and even if the tenure for this tenancy is already expired, his status is now is statutory tenant.
2.. Now if the tenant refuses to vacate the premises you will have to first send him an eviction notice and then file a suit for eviction of tenant.
3. No time limit can be predicted for completion of this suit though it can assume it would not be less than 3 years under any circumstances.
1) You can file case for vacate the room on ground you have to live in the ground floor as well. And you had made agreement with your brother not with nephew.
2) It can take almost 2 years to stand the case.
you can evict your brother's son only under a due process of law. So issue a notice to him vacate 15 days notice is sufficient.
You need to give him eviction notice and file suit if he doesn't vacate. It takes some time to vacate.
Dear Sir,
You can file two types of suits. One is eviction suit and another is recovery of possession. The later will take more time. Better you go for suit eviction and it is a summary suit can be disposed with in 6 to 12 months.
The Time taken for disposal of civil cases in the court cannot be predicted due to various factors.
However it will easily take at least two to three years to get disposed.
1. Due to the execution of the rent deed the relationship of landlord-tenant came into existence between you and your brother. Unless the rent deed was subsequently cancelled, you have to file a petition for his eviction under the Rent Control Act, not a regular civil suit for recovery of possession.
2. Eviction matters take time to be decided by the court. It may take around a year to two at the trial court.
