My late father died intestate in 2013,owned three self acquired immovable properties. These properties has been distributed among we three brothers as per family settelment in 2018 followed by court compermise decree in 2024 vide which each brother got one property and accordingly we three brothers got their property mutuated in their respective name in nagarpalika records and paying house tax and water tax for their properties seperately however possession of all properties kept in joint possession and enjoyment for all family members in the same way as was in the time of my father and still continued as per family wish due to such requirements at that time. I am in job and lives in other city with my family and now retired from job and want to shift to my native place and in need of my property exclusivly for me and my family use when I convey my this intention to my younger brother (who has been occupying some portion of my property due to joint possession nature ) and asked him to vacate my property occupied portion he asked me to give 3 months time to vacate because by this time some construction work going on his alloted property will be completed and he will shift along with his family to his alloted property , Being my younger brother and believing him I allowed him for 3 months to continue but it is more than 6 months over he has not vacated my portion every time he make this and that excuse due to which I am not able to shift my family to my property. How I can evict my younger brother and get exclusive possession of my property . A) - whether a suit of mandatory injuction for eviction of younger brother directing him to vacate ocupied portion and hand over peacful possession along with prayer of mesne profit. OR B) - filing executation pitition for execting compermise decree for putting right owner of property into exclusive possession by ejecting younger brother illegal occupant OR C) - filing suite for recovery of possession with mesne profit Please suggest which is most effective suite to eject the younger brother considering it's maintaibility ,time limitation, occupant is legal heir in joint possession and is real brother of true owner, the property is dweling house situated in U. P.
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Your brother's defense will be that he is a co-sharer in "joint possession" since your father's time, claiming his possession cannot be illegal.
2) Option C completely shatters this argument because the 2024 Court Compromise Decree and subsequent Nagarpalika mutations legally dissolved the joint tenancy. He is no longer a co-owner; he is an independent third party iN the eyes of law
Since the property was not physically divided even though each individual's portion has been mutated on their respective names, it is advisable that you file an execution p[petition to execute the court compromise order and for physical demarcation as well as possession of your share in the property accordingly.
If the execution petition is ordered in yor favor then you can get your brother evicted from your portion occupied by him through court Ameen
Yes you can file the above suit and seek the injunction from court
