You can proceed with execution order and make them leave the house. Police will evict them forcefully if they don't leave
Eviction procedure
We have a flat in Kolkata which was purchased by my husband .My husband younger sister asked for the permission to stay in that flat as she did have any separate place to stay in Kolkata due to some medical reasons and would leave the property within 6month. It happened in the year 2011.My husband allowed her to stay.We were at Gurgaon at that time and in 2014 my husband was transferred to Kolkata.We have a ancestral house too build by my husband and my younger brother in law stays with family.When we came back to the house though not welcome but the situation was manageable,but with time bitterness increased and we are forced to stay in one room ,my sons are growing up and we need some more space but not allowed and we are not that smart to take up a new fight every day. Hence we decided to ask my sister in-law to leave the flat so that we can live there and she and her husband also refused to leave the flat.We were forced to suit a case against her and now when the verdict had come in 2018 still they are not leaving the flat. My question is how do we evict my sister in law from the flat? 2) How can we have our rightful share in the ancestral property completely build by my husband hard earn money . Please suggest Thanks
Asked 6 years ago in Property Law
Religion: Hindu
13 Answers
1. IF you have favorable orders in your favor in the eviction suit, THEN file execution proceedings, which involves police procedures. There is no other simpler solution into this unwanted situation.
2. For ancestral property, file partition suit, supported with conclusive documentary evidences. Further do not vacate the ancestral property in any manner, since this will serve to prove your possession in the same.
Take out execution proceedings to evict sister in law
2) in alternative take out contempt of court proceedings against sister in law for failing to comply with court orders
3) file suit for partition for division of property by metes and bounds
Go and enter into your house and start living there and remove them by giving some time. If they object your entry immediately call police and remove them out. Your relatives are neither tenant nor lessee so they are simply trespasser. You can also apply reasonable force without causing any grievous injury to the occupiers to move them out of your house. Do all this before 12 years of continuous occupation. After 12 years it will be adverse possession and you may lose your right to the property.
In case of any difficulties consult with some lawyer.
1. You have to file for execution of the order of the court.
2. For ancestral property right partition suit has to be filed against other legal co-owners.
Dear Client
- First of all of the verdict have came in your favor by court and they are not leaving the house then you have to file execution petition for the order passed by the court against your sister in-law and her husband
- You should file a partition suit for ancestral property against all the legal heirs of that property
You can make police complaint and show the courts verdict to them, if still police is denying than move to same court again and tell they are doing contempt of court's order. So kindly issue warrant against them and ask the vacate the flat on immediate basis otherwise police will forcefully remove their belongs out of the flat.
Order already granted, file execution petition and press for fast hearing . Court will throw them out.
Please proceed by filing execution petition.
The property can be amicably divided by making a deed of partition among all the legal heirs. Once the siblings sign the partition deed the property will be divided. If consensus is not reached then you may file a suit for partition in court.
1. Yous have mentioned that your husband had filed an eviction suit against your sister in law and got the favourable judgement. Now he shall have to file an execution suit before the same court. She will then be evicted by police help.
2. Your husband shall have to file a partition suit immediately seeking partition of the ancestral property with metes bounds which will be done by the Court by engaging the Court Commissioner.
1. If the court has passed a decree in your favour and it is not being obeyed then you file execution petition and the court will execute the decree.
2. To cull out his share in the property your husband has to file a suit for partition.
1. If the verdict came in your favor and there is no appeal or stay pending, you may file an execution petition to execute the orders of court to evict her.
2. Your husband can file a partition suit and seek his share and separate possession of the same through a civil court
- As per the information mentioned in the present query, makes it clear that you have already got the court order for eviction, but still she is not evicting the property.
- You should file for execution petition as soon as possible and there they will be forced by the court to evict the property with the help of the police officials.
- And you have another option also to file contempt of court order petition before the Hon’ble High Court, they all will be held up for the content and put in jail if not complied then.
- You should file a separate suit for partition in the ancestral property along with the refund of money after deducting your share for construction from the other remaining heirs.