• Occupant not vacating my property and blackmailing

Hello,

I have a very old home in Tuticorin Tamil Nadu. I bought it in 1992 and let my mother,brothers and sisters live there without taking any rent.All my brothers and sisters got married and moved out except my last brother who stayed with my mother after marriage and took care of her.In 2010 my mother passed away.But my brother is occupying that home till now.He is neither paying rent nor vacating the house.I want to sell the house now but he is not vacating and blackmailing to go to court saying that there is a 12 year rule which says that if you live in a place for 12 years that place belongs to him.There is no rental agreement or anything of sort.My questions are 
1.Can i claim rent and damages from 2010 till now?
2.By Browsing i understand if there is no legal agreement then it becomes a month to month lease and we need to give only a 15 days notice to vacate.Is that true?
3.Can he take my home using that 12 year rule if i go to court?

Thanks
Agnel
Asked 8 years ago in Property Law
Religion: Christian

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8 Answers

1. Do not take rent as if you take then it will be further difficult to remove him.

2.Since he occupies the proeprty on yr permission without any rent it is treated as license and the license has no right of stay once the owner asks him to vacate the proeprty. So send hima notice to quit and once he refuses to do so file a suit for eviction of a licensee.

3.Since he was permissible occupies the rule of adverse possession does not apply to him.

So file a suit fr eviction of a licensee asap. You will get result.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. You will have to file a suit for eviction.

2. The 12 year rule is known as adverse possession but that does not mean that he denies to vacate the premises

You have given the premises to the family for the residential purposes without changing the title or any intention for the same

Contact a local lawyer and file a suit for eviction

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. Have you served a lawyer's notice to them to claim rent? If you have not served it then you can only seek the eviction not rental. You are free to file a suit for eviction against them in the competent civil court to seek their eviction with mesne profits.

2. It does not become a month to month lease if you have permitted a blood relative to reside in your house.

3. He cannot claim title to your house through adverse possession.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Concerned,

Yes as your brother has been staying in the property without any hindrance from your end since over a decade now. He may claim adverse possession.

In such a scenario it is better from your end to send a legal notice for vacating the property and if the property is not vacated - file an eviction suit.

Best of luck

Atulay Nehra
Advocate, Noida
1316 Answers
58 Consultations

Hi,

Please send him a notice to vacate the property.

You may file an eviction petition in the civil court and claim for the rent for the period from the time your mother passed away stating the ground that this place was given to your mother to live.

Please claim all the damarage legal charges and interest on the claimed amount from 2010 onwards.

Please also include all these points in your legal notice and make sure that is well crafted.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Brother is not paying any rent and is not a tenant he is occupying the the premises as a gratuitous licensee on humanitarian considerations without any return, compensation, fee or charges for such occupation.

3) youcan issue legal notice and file suit that on termination of licence he is entitled to decree of possession .

3) Absence of any rent note evidencing payment of rent or any other material or circumstance to suggest that the relationship between the parties was that of landlord and tenan t will help you in making out a case

4) your brother cannot claim defence of adverse possession

5) you cannot claim rent from 2010

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Arrears of rent can be claimed but it is barred by limitation for period beyond three years.

You can file a suit for ejectment

Since there is no rental or lease agreement, don't give him tenancy rights by this proposed action.

He cannot claim ownership

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You brother can not claim the property on Adverse Possession, since in your case you have permitted your entire family to use the property only.

You can file a case for vacating your brother from the property since he is using the property against your will.

In normal conditions a legal notice will be issued with 15 days notice period to vacate.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

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