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Anonymouss (others)     17 June 2023

Civil suite

i would like to file an eviction suit , as I have a property on my name , and my brother and his wife (sister in law ) have necked me out of my house,   i am a working person unmarried, if i file eviction suit, can i claim a monthly maintenance of 40,000 Rupees 

or will my brother object in paying the maintenance as i am a working person with monthly salary of 38 ,000 rupess,

 i have all my belongings in the house 

 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     18 June 2023

Why should your brother give you maintenance amount.

Are you a minor person or are you an unemplotyed person fully dependent on your brother?

If this property belongs to you then you can file a suit for ejecting your brother from this property because he has no rights in the property.

However if he also has a right in the property then you cannot get him out of the property, you can claim your share by filing  suit for partiution then

1 Like

Advocate Bhartesh goyal (advocate)     18 June 2023

Yes,if you are owner of property then you have right  to dispossess your brother and his family by filing suit for possession and also entitled to get mesne profit for use and occupation of your property.

1 Like

Dr. J C Vashista (Advocate )     18 June 2023

Well analysed, opined and advised by learned experts Mr. T Kalaiselvan and Mr. Bhartesh Goyal, which I fully agree.

Being owner of the property, as claimed in the facts posted by you, your brother and his wife are licencee hence the licence is required to be terminated by a legal notice calling upon him/ them to vacate within 15 days otherwise he/they shall be termed as 'trespasser" and liable to pay damages and compensation.

No maintenance claim against your brother / bhabhi shall be maintainable for you.

P. Venu (Advocate)     18 June 2023

Yes, there could be no claim for maintenance. 

However, you may initiate civil action, either a partitiion suit or a partition suit, depending upon your title to the property, if any.


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