Vacating relatives from our owned house
A Banerjee
(Querist) 02 April 2017
This query is : Resolved
The property is fully owned by my father. However, one of my relatives is staying there for around 50 years. They have not got the status of a tenant nor they have paid any amount of money towards corporation tax or maintenance of the building till date. They have got their own place which is a stone's throw distance from ours. We have asked them to vacate the property and move out to theirs. Initially they were denying the ownership of their property, however when search reports were shown then they had to admit. However, they are still maintaining that they cannot move as the place is still not habitable (though we have got proofs of them having furnished rooms/kitchen/toilets etc).
In order to further put pressure on them to leave our property,
a)can we disconnect the supply of water to start with.
b)restrict their friends and relatives to enter our property (as they live in our property having the common entrance)
I request your advise in this regard as to what we can do to evict them from our property
Sudhir Kumar, Advocate
(Expert) 03 April 2017
As long as you do not get the court order of vacation and also get it executed you have to forget disconnecting electricity. Please do not create a situation in which they are in your house and you are in jail.
You have to file a vacation suit. In this suit you have to
(i) deposit court fee commensurate to the property.
(ii) prove your ownership beyond doubt.
(iii) prove that they were tenant and nothing else.
(iv) prove that they are not paying rent.
(v) prove that they have own accommodations.
(vi) prove that now suddenly after half a century you need the house.
After a bunch of years you may get the court order and they may appeal and may land to another bunch of years. They may not vacat3e simply if there is court order. After winning and if there is no appeal/stay then you have to file execution applications.
So you have to considered an agonizing battle fro 5-20 years.
during the case forget about even just peeping at the property because police has a duty to protect rights of "occupier" (not owner) and criminal cases can be registered against you.
T. Kalaiselvan, Advocate
(Expert) 03 April 2017
If this property belongs to your father and he has documentary evidence to prove his title, then he may first issue a eviction notice after which he can approach appropriate court with a suit for ejectment of the unauthorised occupant.
Consult a local lawyer, discuss the issues elaborately and initite action by due process of law.
Do not take law into your hands to disconnect the water or electricity connections, it will be curtailing the basic amenities and will be unlawful and punishable under criminal law.
Kishor Mehta
(Expert) 03 April 2017
Sir,
If no rent is collected and no rent receipts are issued they are gratuitous trespassers and can be evicted by the court order.
You should consult a local advocate immediately and start eviction proceedings.
Good luck,
Kishor Mehta
Kumar Doab
(Expert) 03 April 2017
Approach local counsel specializing in such/civil matters with all evidences that you have mentioned and proceed further under expert advise of your counsel.
It may take some time.
But court of law can restore your rights.
Dr J C Vashista
(Expert) 04 April 2017
I agree with the experts advise.
Issue a legal notice to vacate the premises and file a suit for possession and permanent injunction through a local lawyer.
R.K Nanda
(Expert) 04 April 2017
nothing to add more.
Kumar Doab
(Expert) 04 April 2017
Thanks for agreeing Dr J C Vashista.
A Banerjee
(Querist) 27 November 2017
Thanks to all for your valuable advice. Very much appreciated. It gives me a good insight as to what I should be doing..Thanks once again. I will be in touch with you with any further developments.
