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
From the facts stated by you, your legal position is substantially stronger because: the family settlement has already crystallized rights, the compromise decree has been passed by the Court, mutation has been completed separately in each brother’s name, and your younger brother’s continued occupation is only permissive and temporary in nature.
The most important legal point is that after the compromise decree and separate mutation, the character of the property has effectively changed from undivided joint family enjoyment to separately identifiable ownership rights. Therefore, your younger brother cannot indefinitely continue possession merely by claiming status as a legal heir.
Among the three options stated by you, the most effective and legally sustainable remedy in your facts is generally:
filing an execution petition for enforcement of the compromise decree together with delivery of exclusive possession.
This is because the compromise decree already determines ownership and allotment rights between the parties. If the decree clearly identifies and allocates the specific property to you, the executing court can enforce the decree and place you into effective possession by removing unauthorized occupation or obstruction.
This remedy is usually procedurally stronger and faster than instituting an entirely fresh title suit because: title is already adjudicated, rights are already crystallized, and the younger brother cannot ordinarily reopen settled allocation issues in execution proceedings.
A fresh suit for recovery of possession may unnecessarily prolong litigation and invite avoidable procedural objections because your rights already stand recognized under a decree.
Similarly, a suit for mandatory injunction may face objections where the dispute substantially concerns recovery of possession from a person in settled occupation, particularly in a dwelling house involving family members. Courts often prefer possession-related relief through execution or proper recovery proceedings rather than pure injunction simpliciter.
Therefore, in your facts, Option B — execution proceedings seeking exclusive possession pursuant to the compromise decree — appears to be the most effective first remedy.
In the execution petition, you may seek: delivery of vacant and peaceful possession, removal/ejectment of the brother from your allotted portion, police assistance if obstruction is apprehended, and mesne profits/use and occupation charges for unauthorized continued occupation after expiry of the three-month permission.
The fact that you initially permitted him to remain temporarily actually helps establish that his possession became permissive after partition and not as a co-owner asserting hostile title.
However, before initiating execution, you should carefully examine: the exact wording of the compromise decree, whether site plans/maps are annexed, whether specific portions are clearly identifiable, and whether the decree expressly contemplates separate possession.
If the decree is vague regarding possession boundaries, the executing court may require clarification or demarcation.
You should also immediately issue a final legal notice revoking permission and recording: that the temporary indulgence has expired, his occupation is now unauthorized, and mesne profits shall be claimed.
Regarding limitation, you are presently well within time. Since the decree is of 2024 and the permissive occupation continued thereafter, no immediate limitation concern appears to arise.
In conclusion, your younger brother’s status as a legal heir no longer gives him an indefinite right to continue occupying your allotted property after partition and compromise decree. The most effective course in your circumstances would ordinarily be to proceed through execution of the compromise decree seeking exclusive possession, ejectment, and mesne profits rather than instituting a completely fresh civil suit.
