We are joint family long back. My father and there 2 brother and my father build a house for all of them. Now due to some crashes in joint family we have split and shared the land in 3 parts (one part for my father). And my uncles(2 brother ) was staying in my house which was owned by father according to land documents. My father has requested to leave him the house, but he is not willing to leave the house. how can we file the cases in the court such that we will get our house and can we file any penalty for staying in my house.
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I am not sure how or in what manner the land was divided.
if it was by verbal arrangements only the proeprty is divided then you have to file a suit for partition and injunction to get your due sahre and possession of of your share.
There is no other way out.
1) is partition deed or deed of family settlement registered?
2) if uncle is refusing to vacate your father portion of house file suit for eviction against uncle
3) you can also claim rentals from your uncle for period he refuses to vacate the house and remains in possession
he total land was 397Sq. yds .The land have 3 partitions. 1. my father = 179 sq yds 2. my uncle(brother 1)= 61sq yds 3. MY uncle ( brother 2) = 157 sq yds Now 3 of theme have there own partition land. But my uncle was not leaving the house.And the partition has done in Oct 4/2016. So now my question is what should i do , so that my uncle should leave the house and is there any option to file a penalty on my uncle for leaving in my house. If yes can you tell me the procedure and under which section can i file the case
1) you should contact a local alwyer
2) issue legal notice to uncle to vacate your father portion of the house
3) once deed of partition has been executed duly stamped and registered your uncle cannot claim right to stay in your father portion of property
4) if uncle refuses to vacate file eviction suit as uncle has no rights on your father portion of house
5) eviction suit would take around 5 years to be disposed of
1. If the partition deed has been executed between the brothers then each party becomes the absolute owner of his specific share demarcated in the partition deed. So your father can file a suit for eviction against his brothers if they are not vacating it on their own accord,
2. A criminal complaint of house trespass may also be filed against your uncles by your father.
Since it is your father's property only he can file a suit for ejection against the illegal occupant i.e., his brother.
He can also file an application along with it seeking rent from him till the day he vacates the property/premise
Now 3 of theme have there own partition land. But my uncle was not leaving the house.And the partition has done in Oct 4/2016. So now my question is
what should i do , so that my uncle should leave the house and is there any option to file a penalty on my uncle for leaving in my house. If yes can you tell me the procedure and under which section can i file the case
You can file an ejection sit seeking to eject the uncle who is living there which is illegal or unauthorised
As suggested your father can file an application seeking rent from him for his stay till he vacates the place or being ejected.