In our family, we are four brothers and I am the youngest. My father, who was a govt. employee, got expired and my mother is around 80 years old and she is alive. My eldest brother is a retired govt employee, 2nd elder brother is a govt. employee and my immediate elder brother is a criminal advocate in Odisha high court. In that campus, there are four houses with four separate entrances, out of which the houses where my eldest and 2nd elder brother are staying are relatively larger. These houses were constructed by my father by taking bank loan and with some financial contribution from my eldest and 2nd elder brother. These houses are constructed more than 20 years before. Myself and my immediate elder brother have not contributed financially since we were small at that time.
With a mutual verbal agreement, it was decided that my eldest brother and my immediate elder brother will stay in ground floor while me and my 2nd elder brother will stay on 1st floor . As I was not staying, so that portion was rented and the rental income was used to close the loan. Even though the loan was closed long days before, still the money earned through rental income of my part was used for the maintenance of the entire building including payment of electricity bill, water bill and other miscellaneous expenses of my three brothers and this was fully taken care by my eldest brother. I never asked about that money. Then after few days, there was internal fight among three brothers, and I thought of asking the rental income coming from my portion of the house to my eldest brother. Accordingly, he started paying some amount every month to me. It continued for few months (approximately 1 year). After the tenant vacated the house, it remained empty and no one took interest in renting out further. As my part of the house needed some maintenance, so I decided to renovate it and I got it done by paying an amount Rs32, 000/- to my 2nd elder brother. In the meanwhile, my immediate elder brother wanted a room for his son’s studies and he approached me through my mother and I agreed for this and informed to use one room of my share for a temporary period. As the day to day affair of my house was taken care by my eldest brother, so immediate elder brother approached him for the key of my house in the pretext of painting his house in ground floor and he acquired all rooms of mine. He continued staying in my portion with his family and he made his portion in ground floor as his place of business(chamber) . In the mean while I resigned from my job and I wanted to settle with my family in Bhubaneswar to start my business, however my immediate elder brother didn’t not want to vacate my house. At that time, my mother was staying with my eldest brother. With lot of requests and interference of relatives, he agreed to vacate. Also, he constructed a temporary shade (asbestos) in front of his house in ground floor. Now, there is no place for me to park my vehicles and the entire area in front of his portion in ground floor is occupied by him.
We other three brothers thought of asking him to give half of the space in ground floor for my use. When we contacted, he started abusing us and I recorded all the conversations with video within his knowledge. Thinking that, I will go to police and produce the recorded matter, he moved one step ahead and called the Police and lodged false FIR saying that we all three brothers started abusing and beating his wife. We, also lodged a counter FIR and finally no FIR was accepted by Police. Now, when my mother asks him to resolve amicably, he abuses her, but still mother does not complain since mother has a soft corner towards him. My mother is staying in my portion of the house and she is looked after by my eldest brother and 2nd elder brother. Also, I took her to Hyderabad and kept there for 8 months for her treatment and spent around 1 lakh rupees. It will be very difficult for me to stay in that house, unless the dispute is closed. Therefore, I am staying away from this place. Also, it is to be noted that the entire property is still in my father’s name. Now, my question is how to evict him from encroaching my portion, which is occupied by him for his use. In the meanwhile, he also has managed to get a separate electric connection and separate water connection for his portion by using his contacts. Also, most of the times, he is threatening to my eldest brother and 2nd elder brother since he is a criminal advocate.Also, when I visit Bhubaneswar, he threatens me .Now as such there is no medium through which we can communicate and discuss the issue with him. All our efforts have failed. He even abuses the relatives, who come forward and raise the issue.
Is there any way to evict him from my portion which is forcefully occupied by him? What is the procedure to be followed?
Asked in Civil Law from Bhubaneswar, Odisha
1) on your father demise you have 1/ 5 th share in property standing in name of your father
2) the verbal agreement entered into between northers ought to have been reduced on writing . Memorandum of family arrangement could have been entered into receding shares of each brother
3) it is advisable to enter into deed of family settlement or partition for division of property by metes and bounds
4) if it is not possible file suit for partition to claim your share in property
5)?as on date property is undivided . After division you can take proceedings for eviction of your brother
Hi, you have to file a suit for eviction in the court that your brother has occupied your portion of the property and also ask for brother to quit and deliver the vacant possession of the property.
2. Before filling a suit you have to issue legal notice and thereafter file a suit.
you should take steps to divide it first legally marking each one's share into metes and bounds.
Once your share is demarcated , you can try to evict him by approaching a court .
as of now legally viable option is get all members together and sign a family settlement deed and register it . In the settlement deed the demarcation can be done . once the settlement deed/document is registered you can evict your brother from .
Another thing legally you can do is send a legal notice asking for partition . If any other siblings are ready for the partition you can jointly file a suit for partition. to avoid the legal procedure , delay and expenses a settlement deed is the best option.
You have one equal right and it is 1/5
1. You should file a partition suit claiming your share of your father's property,
2. All of you should lodge police complaint against your said criminal lawyer brother for his harassment and abuses.
It is advisable that a suit for partition is filed by all the brothers and sisters claiming partition of all the property equally. meanwhile a complaint before the police can be made against the lawyer-brother who is trying to usurp the property by force.