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Shiva (Consultant)     21 September 2009

Relative not vacating property

I purchased a flat from my income in the name of my wife. I invited my mother and brother to stay there. I sponsored my brother for a course and paid for all expenses so that he can get a good job. During this period I paid for their all expenses. We do not normally live there but we have one bedroom for us. I have been asking my brother to move to another place since he is working now. It is now 19 years since he is in my flat and not moving out. He has married now and have a child. Mother sides with him. I offered him adequate amount so that he can settle but he wants that I should buy a flat for him which is beyond my means. He does not accept any relative to mediate. What should I do?



Learning

 6 Replies


(Guest)

Dear Shiva ji, this is a issue between you and your brother. Settel this issue amicably and peacefully.

Shiva (Consultant)     21 September 2009

Lots of money needed to satisfy his demands. He is convinced that if the matter goes to courts it will take decades and he can stay there until then. Can I sell the flat?


(Guest)

Dear Shiva ji, If you want to sell your flat you can sell. Staying 19 years does not mean that your brother has right over your flat.

Shiva (Consultant)     22 September 2009

1. Selling is the last option I want to consider. Also selling the flat with someone occupying will not be easy and may not get me a fair price.

2. What about an ejection petition? Can it work in my case? How much time it takes to solve such matters?


(Guest)

Dear Shiva ji, if you go through legal way it will take years. If you file a eviction suit your relative may take adventage. Better to take advice from your known advocate.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     22 September 2009

You can file case of rent act and eviction as i told u earlier also.

Regards

adv.kamal.grover@gmail.com


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