Eviction of illegal occupants from own property.
Querist :
Anonymous
(Querist) 11 May 2021
This query is : Resolved
How can I evict my uncle residing on my owned property? He is not paying any rent or we don't have legal agreement. He is residing in that property from last 20 years. I have all legal property documents. Is forceful conviction possible?
Advocate Bhartesh goyal
(Expert) 11 May 2021
Your uncle is in permissive possession of property so first of all you have to withdraw permission from your uncle by issuing him a legal notice also have to ask him to vacate the property .If your uncle does not comply with notice then you have to file suit for possession in civil court.
Advocate M.Bhadra
(Expert) 11 May 2021
There are every State in India has its own Premises Tenancy Act. Treat your uncle as an licensee and based on verbal agreement.( Do not treat as a tenant or adverse possession ) then issue a legal notice for quit and vacate your premises and mention there the room is to be used for your own and mention that you have no other accommodation in your own name.. Thereafter file suit for eviction of licensee in a civil court..
In India the rightful eviction of a party is lengthy process of laws. has always been of great concern. Till date landlords have always misused their powers and are accustomed to illegally evict the tenants from the premises without following due process of law. However, the tenants are given some specific protection against forcible dispossession and eviction. Despite all the comfort and simple living as tenants and licensee adhering to all the terms of the agreements. With the change over the years, there are quite a number of cases where the landlord has filed an eviction suit on baseless ground.
Dr J C Vashista
(Expert) 12 May 2021
Mr. / Ms. Anonymous,
Well advised by experts, I fully agree and appreciate.
Did you ever ask your uncle to vacate the premises owned by you ?
Did you withdraw the permission / licence to occupy the premises owned by you and occupied by your uncle ?
Presumably answer to both question is negative Proceed as advised.
It is better to consult and engage a local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding.
Sankaranarayanan
(Expert) 12 May 2021
He is your uncle and you said he is living in the place more than 20 years. What is the problem occurred now? better to solve the issues amicably . if its not materialized then you can initiate the action according the law
Pradipta Nath
(Expert) 12 May 2021
At what authority your Uncle is living in that property? How you have acquired the property? Need to go through the documents for forming opinion.
P. Venu
(Expert) 12 May 2021
You have not posted the circumstances under which your uncle happens to be possession for such a long period.
Querist :
Anonymous
(Querist) 12 May 2021
The property belongs to my father. After his death, my uncle is residing there. But as I don't have any property on my name, I want him to vacate the same. He didn't give any heed to my request. Currently the property is transferred to my name by my mother. As property is on my name, can i forced him to vacate the property? ( As legal matter will take lot of time)
Pradipta Nath
(Expert) 12 May 2021
Better to take possession over his room by legal means. He is neither your tenant nor your licensee or anything.
P. Venu
(Expert) 12 May 2021
It appears that you are not fully honest with the facts. How is it that your mother has transferred the property to you?
T. Kalaiselvan, Advocate
(Expert) 13 May 2021
If this property belonged to your father then your father would have permitted him to occupy the property on temporary basis, however taking advantage of your father's absence your uncle is continuing to squat in the property.
If your mother and other legal heirs have relinquished their rights in the property by executing a registered release deed in your favor then you become an absolute owner of the property hence you can issue a legal notice to your uncle to vacate the property and deliver vacant possession.
If he fails to comply with the demands made, you may file a suit for ejection and possession on the basis of the documentary evidences in your possession. He may try to claim title by perfecting the law of adverse possession, however his occupancy is and was never adverse to you, so you can very well maintain a lawsuit against him to throw him way from the property by legal means or due procedures of law. .
