• Need to remove my sister in law from my flat

My property in Nallasopara my sister in law not vacanting and she stay there with her child as I given my house for them as they couldnt afford a rented house and I was against giving on rent as I don't stay there . There is no rent agreement made neither he was paying us any rent and staying there from more than 3 years. As we stay in mumbai now. My brother and her wife not happy married and they use to fight each other so my brother left the house but she not ready to leave the house.

Now when we want to sell the property she is not ready to move out.

All the papers are on my name also I am paying housing loan emi from past 11 year at the time of house purchase by me as I had stay there almost a 6 year before my marriage. Need advice on the same. How can we get our property back.
Asked 2 months ago in Property Law from Mumbai, Maharashtra
Religion: Christian

Issue legal notice to SIL to vacate premises

 

2) if she refuses file suit for eviction against her 

Ajay Sethi
Advocate, Mumbai
62506 Answers
3809 Consultations

5.0 on 5.0

You need to send her eviction notice and then file eviction suit.

Prashant Nayak
Advocate, Mumbai
9226 Answers
15 Consultations

4.8 on 5.0

1) File a suit for eviction. 

2) my expert legal services are at your disposal. Kindly come to my office by taking appointment. [deleted]. ([deleted]).  Your number is not shown to me here. You can leave your number in feedback, if you desire that I should call you. 

3) I'm based in Mumbai so it won't be much cumbersome for you to come and meet me and appoint me as your advocate to take this forward

Netra Mohanchandra Pant
Advocate, Navi Mumbai
841 Answers
1 Consultation

4.4 on 5.0

Issue a notice to vacate your flat within one month failing which it be treated as unauthorized occupation and you shall have the liberty to remove or otherwise dispose of all belongings and not be responsible for any loss or damages. Inform police also. After expiry of one month you take possession of your flat. In case if any physical objection call police for help. 

Kallol Majumdar
Advocate, Kolkata
290 Answers
1 Consultation

5.0 on 5.0

1. your SIL has no right , title and interest on the property and hence she has got no right to overstay there without your permission.

2. Now Since she is not vacating it, only legal option is file a suit for her eviction.

3. So engage an advocate and file a suit for eviction of licensee which would take sometime but you would get vacant possession of the property for sure.

Devajyoti Barman
Advocate, Kolkata
16834 Answers
238 Consultations

5.0 on 5.0

You need to serve her eviction notice and ask them to leave the premises within 1 month from the notice .

In case she fails to vacate flat on notice a civil suit for same has to be filed seeking possession of property.

Shubham Jhajharia
Advocate, Ahmedabad
16161 Answers
66 Consultations

5.0 on 5.0

Hello, 

If she is not ready to leave the house then you will have to approach the court. 

You may approach the police also, who may help you in getting her out of the home bu t they will not lodge any complaint as this is a civil matter and not criminal. 

You will have to file a suit for eviction as she is unauthorized occupant on your premises. 

Regards 

Anilesh Tewari
Advocate, New Delhi
15920 Answers
235 Consultations

5.0 on 5.0

Hello, 

If she is not ready to leave the house then you will have to approach the court. 

You may approach the police also, who may help you in getting her out of the home bu t they will not lodge any complaint as this is a civil matter and not criminal. 

You will have to file a suit for eviction as she is unauthorized occupant on your premises. 

Regards 

Anilesh Tewari
Advocate, New Delhi
15920 Answers
235 Consultations

5.0 on 5.0

You can either hire a lawyer or consult your local civil court for the procedures necessary to evict an unlawful occupant. It is strongly advisable to Hire a local lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
7695 Answers
3 Consultations

4.5 on 5.0

Dear client, 

She is women and staying there from long time so forceful eviction not advisable.  File eviction suit in court.

Yogendra Singh Rajawat
Advocate, Jaipur
10438 Answers
9 Consultations

4.6 on 5.0

  1. The property in dispute is on your name and that makes it clear that just by giving it on rent or otherwise, the person to whom it has been given for accommodation becomes the owner of the property.
  2. You should have her a legal notice to vacate the property within 15 days from receiving the  notice.
  3. Then if she still doesn’t vacate the property, I would then advice you to file a suit for eviction before the civil court of law.

Sanjay Baniwal
Advocate, South Delhi
4241 Answers
8 Consultations

5.0 on 5.0

You issue a notice instructing them to vacate the premises, failing to respond you may file a suit for ejectment to eject them from the property for the reasons you rely upon.

An ejectment suit is the best option before you because she is considered as an unauthorized  occupant in the premises.

 

T Kalaiselvan
Advocate, Vellore
52562 Answers
632 Consultations

5.0 on 5.0

She was allowed to use the flat only as a gratitious licensee

As she is not moving out you can file a police complaint 

Also an eviction suit has to be filed against her in civil court for possession 

Yusuf Rampurawala
Advocate, Mumbai
4022 Answers
17 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer