Relative staying at our property not vacating the house
My father has an property in Hyderabad and he had let my uncle stay there with his family as they couldnt afford a rented house . There is no rent agreement made neither he was paying us any rent and staying there from more than 10 years. As we stay in mumbai.
Now when we want to sell the property he is not ready to move out.
All the papers are on my fathers name . Need advice on the same. How can we get our property back.
Asked 1 year ago in Property Law from Hyderabad, Telangana
1) your father should issue legal notice to his brother to vacate the house
2) in your case they are mere 'gratuitous licensee' only who have been licensed by your father to live in his premises without paying any rent or consideration
3) if uncle refuse to vacate your fathers should file suit for eviction against uncle
The remedy in front of your father is filing an Eviction suit before the civil court. Before that, send a legal notice to your uncle for evicting the premises.If you get a replay the frame out the case also considering t he contentions in replay also. Meet a local lawyer
Try to settled the matter amicably if possible.
Otherwise file a civil suit for eviction before civil court against him and fight the case.
Advocate, New Delhi
First issue an eviction notice to your uncle.
Since there is no rent agreement, it is actually beneficial to you because you can always file a criminal case against your uncle in case you want to .
no worries, courts are very strict off late in evicting tenants and if tenants are not paying rents etc, courts at hyderabad are granting eviction orders.
Hi, you have to file suit for eviction in the Court and ask them to vacate the property.
2. Before filling the suit first you have to issue legal notice and proceed further for filling a suit.
You can file a criminal complaint for house trespass against him which will result in his prosecution in the criminal court. However, to evict him from the property you require the orders of the civil court, which you may obtain by filing a suit for his eviction. Both the cases should be filed simultaneously to generate the required amount of heat on him.