How to vacant a HP from a tenent lining more than 20 year

Querist : Anonymous (Querist) 03 February 2010 This query is : Resolved
Dear Expert,
we have a house property at Rajasthan,in 1989-90 my father give it to his elder brother to live there without any Contract/rent agrement. All thinkgs was varable we never charged rent to them.
Now we want our house back and he is deyning to give it back.
During this period he taken electrcity conection in his own name and construct two e room set on his own expenses.
We have lease called there "Patta" of this plot.
Please help on following points:-
1) What we need to do now.
2) What he can overwrite our lease without my fathers signature on a stamp papers as one of my friend told me that he can do that as he is living there more than 20 year?
3) What wright he have , we can send a notice to vacant house ?

Thanks in advance

Regards

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R.R. KRISHNAA (Expert) 03 February 2010
You can file a case of eviction. But first issue a legal notice.

subhash kumar (Expert) 03 February 2010
you can file a case for eviction and for damages and you stress that the house was given on rent/license basis and from such and such period he has not paid the rent and you required the same for bonafide use, that you have to established
Advocate, subhash kumar

Querist : Anonymous (Querist) 03 February 2010
thanks for your imidate reply
some points not yett clear in mind

1)What he can overwrite our lease without my fathers signature on a stamp papers as one of my friend told me that he can do that as he is living there more than 20 year?
2) What wright he have , we can send a notice to vacant house ?

In my point of view he is not willing the house at any cost is he can claim forr ownership of this house ??

Raj Kumar Makkad (Expert) 03 February 2010
1. He cannot overwrite Patta which is in your father's name without obtaining his signature but I think he might have got cancelled the Patta in your father's name and might have re-issued in his name.

2. You have every right to get the vacant possession of your house and legal notice is just a start of long battle to be fought with such person.

Parveen Kr. Aggarwal (Expert) 05 February 2010
Who is the owner of the property and what is the duration of the "Patta" in favour of your father (or any member of your family)? Who have been paying the Lease Money to whom?

However, if the "Patta" is perpetual. You may issue a notice to your paternal uncle terminating the licence granted to him and then sue him by way of suit for mandatory injunction and may claim mesne profts (use and occupation charges) per month (at market rate of rent)since the date of termination of the licence.

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