• Getting My Industrial Property Vacated From My Brother

I Indivisually Own An Industrial Property in Delhi Measuring 600 Sq Yards . 
My Brother Has been Using the Factory for nearly 20 years. Now I Want to Get it vacated and he is refusing to Vacate it.
 There is no Rent Agreement Done by us but in the books I have been Receiving Nominal Rent of 15000 Per month
His Firm is Registered on the address since beginning with around 11 Workforce.

Please Help in the Best way possible to get the property vacated.
Asked 6 years ago in Property Law
Religion: Hindu

4 answers received in 10 minutes.

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12 Answers

It`s good that you are showing rent in the books otherwise on the basis of long undisputed possession (adverse possession), he would have claimed ownership. 

For your bonafide need, issue legal notice of eviction. If not vacated than have to file eviction suit.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Firstly, you have to serve a legal notice asking your brother to vacate the property within 15 days of the receipt of the legal notice.

If he fails to vacate even after receiving the legal notice, you will have to file a suit for eviction against him in rent controller court.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

After giving notice for terminating his tenancy, you may file suit for possession. Before doing this, original documents and other relevant documents are required to be seen.  You have a good case and Iegally you can get the possession.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

You are suggested to serve him a legal notice to vacate the premises citing suitable reasons for it. If he is not vacating file case for unauthorized occupation and get that property vacated.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. Even if there is no documentary evidence if the rent paid through online then it is valid proof of payment of rent If it was paid in cash then also payment as recorded in your Books of Accounts is admissible in court.

2. So you can file a suit for eviction of the tenant and let the tenant come up with defence. The tenant once paid rent can not dispute the title of the landlord anymore.

3. So without any delay file a suit for eviction of tenant and contest the suit as per merit of the case.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Issue legal notice to brother to vacate premises 

 

if he refuses file eviction suit against him 

Ajay Sethi
Advocate, Mumbai
99796 Answers
8147 Consultations

Dear Sir,

You haven't provided the information, the property is obtained by you through purchase or through passage from ancestors. How are the electricity and water bills paid. Tax if paid is in your name etc etc. 

All these factors when combined can provide a concrete solution. 

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

See you can issue a eviction notice to your brother in case he fails to leave the premises you can file a suit to evict the tenant.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You need for file eviction suit to vacate him from the said property

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

You have to quote some strong reasons to vacate him from the rented premises, for eg., you want the property for your own use or you would like to demolish and reconstruct it into a commercial establishment etc or any other substantial reason.

Since ther is no rental agreement entered between you both, you can cite this also as reason that the oral agreement between you both was terminated a few years ago and you had been asking him to vacate but he never responded.

You can discuss with an advocate in the local and proceed on the basis of suggestions received.

 

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

If your brother is not vacating premises amicably then only option left is to initiate legal process to make him evict the premises. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear client

the Best way to get the property vacated is by mediation as your ownership can be challenged on basis of adverse possession in absence of any agreement between both of you. as he is having uninterrupted use of property from 20 years.

but if you can prove that you are taking rent of rs 15000 and its in the books of both parties then you can file a civil suit for eviction of tenant from your property. but for that you have to serve him a legal notice for a fair period to vacate the premises.


Dear client

the Best way to get the property vacated is by mediation as your ownership can be challenged on basis of adverse possession in absence of any agreement between both of you. as he is having uninterrupted use of property from 20 years.

but if you can prove that you are taking rent of rs 15000 and its in the books of both parties then you can file a civil suit for eviction of tenant from your property. but for that you have to serve him a legal notice for a fair period to vacate the premises.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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