• Property occupied by paternal uncle

My dad allowed his brother to start his business from my dad’s commercial building of 3 floors. Now my uncle has occupier 2nd 3rd floor and he is not ready to vacate it. My uncle also own a building next to dad’s property which he has rented to somebody else. He has occupied my dad’s building for more than 20 years. All the legal papers are in my dad’s name and also he pays all the govt taxes. My uncle has taken electricity connection from his building which is next to our building. How can we remove him from our property. Pls help
Asked 8 months ago in Property Law from Ahmedabad, Gujarat
Religion: Muslim

Your dad has to give an eviction notice to the brother in case if uncle on notice fails to leave building on notice a suit by father has to be filed.

Shubham Jhajharia
Advocate, Ahmedabad
23445 Answers
94 Consultations

5.0 on 5.0

1) father can issue legal notice to uncle to vacate 2 nd  and 3rd floor occupied by him 


2) if he refuses file eviction suit against him 

Ajay Sethi
Advocate, Mumbai
73010 Answers
4384 Consultations

5.0 on 5.0

Be careful that after 24 years 4 years from now all rights of your dad to the property shall be extinguished.

File a suit for possession immediately.

After 4 years suit will be time barred. 

Kallol Majumdar
Advocate, Kolkata
2227 Answers
3 Consultations

5.0 on 5.0

If the property solely belongs to owned property of your father then At present situation you have only one way to get vacated your house as per law to file an eviction suit before the competent court of civil jurisdiction showing your uncle as tenant. 

Mohammed Mujeeb
Advocate, Hyderabad
14513 Answers
6 Consultations

4.5 on 5.0

He is licensee in the property. Issue notice to vacate the property and than file eviction suit. Will take time but court will grant eviction.

Only problem is his possession is sufficiently from longtime.

Yogendra Singh Rajawat
Advocate, Jaipur
17396 Answers
21 Consultations

4.6 on 5.0

you have to file petition under rent control act for wilful default of payment of monthly rent and to cease to occupy the portion your uncle is occupying. 

Shiva Bharathy
Advocate, Chennai
75 Answers
1 Consultation

4.0 on 5.0

Simplify file an eviction suit in this regard on the basis of he has the alternate arrangement and based on necessity please be aware that you have to pay the Court fees in this regard

Vimlesh Prasad Mishra
Advocate, Lucknow
6299 Answers
20 Consultations

4.9 on 5.0

You need to file eviction suit in civil court

Prashant Nayak
Advocate, Mumbai
17444 Answers
30 Consultations

4.6 on 5.0

You should issue notice to vacat it. If he is not willing you can file a Suit 

Raghuvir G. Chaudhary
Advocate, Ahmedabad
48 Answers
4 Consultations

5.0 on 5.0


You have to make him vacate the premises forcefully because by adverse possession he can claim ownership of property.

Or you first have to show him as tenant of your property and send him a legal notice to vacate the premises. After that initiate eviction suit against uncle 

Mohit Kapoor
Advocate, Rohtak
7134 Answers
2 Consultations

5.0 on 5.0

You may first issue a legal notice asking him to vacate the property since it was given to him for taking care of the building in the caretaker capacity.

Failing to respond or comply with the demand made, you may file a suit for ejection.

An ejection suit and possession is the remedy available before you, police will not be of any help to you in this regard.

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 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