eviction of a distant relative

yogendra prasad (Querist) 21 January 2010 This query is : Resolved
I permitted my brother with his family consisting of his wife and two children to stay in my house for approx 26 years.Brother is expired, his daughter married and shifted.
The widow and his son (my nephew) are refusing to shift to a property also given by me. I have been giving my brother monetary help also all these years as he was financially weak.

The property is self purchased property by me from the Nagpur Improvement trust in the year 1966 with my self earned money and is registered in my own name.

We are four brothers and two sisters and father is no more. Now the widow has filed a suit against me for partition of the property saying the property
was purchased by my father and therefore is a HUF property and should be partitioned. She has given no proof for this.

She is taking adjournments from the first day of hearing from the last four months and is demanding a large sum for settlement outside court.

How can I evict her as early as possible.

YV Prasad, Nagpur

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adv. rajeev ( rajoo ) (Expert) 21 January 2010
When suit is pending you cannot initiate any action against your brother's wife to evict. File your written statement immediately if not filed yet. Issues will be framed then the next state will be for evidence. While cross examinining her you can cross her. YOu also produce the documents to show that the properties are self earned properties.

Raj Kumar Makkad (Expert) 21 January 2010
According to you she has nothing in her favour except her bal assertions so there is no scope of her case decreed. You persue the case vigorously and in written statement file a counter claim seeking her eviction from the property as the same exclusively belongs to you and not to any HUF as alleged.

Sachin Bhatia (Expert) 21 January 2010
As you said everything is in your favour, produce the property papers which shows that you are the true owner of the property and also file a counter claim for eviction.

prakash vathore (Expert) 21 January 2010
i agree with sachin bhatia.

Guest (Expert) 21 January 2010
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