Legal opinion required , illegal possesiion of part of proprty taken by father's brother.
prayansh
(Querist) 08 November 2013
This query is : Resolved
Sir/Madam,
I am from m.p. ,my father is a retired state govt employee. we are living in khandwa since 30 years. earlier we were in rental house but from last 11 years we are living in house purchased by my father in his name. gradually grandfather and grandmother passed away.
There is one younger brother of my father who is living with him since childhood and he was living with us even after his marriage in 2003. He was doing jobs on and off and was living his life on father's house and food only.
Just before father was retiring , he asked him to leave his house and live independently since father was not able to sustain his expenditure any more. THereafter he started fights and using bad language and threatning he will end his life along with his wife and 2 children , but he will not leave this property and he has got share in this property.
my father has purchased this house on his own, by his savings, loan from friends and bank. but my uncle is constantly saying this house is ancestral since father has used grandfather pension in paying installment. we are having all proofs and registered agreement in fathers name that house is completely purchased from fathers income and savings.
From last 2.5 yrs we have constantly tried from all channels to convince him to vacate house by some help from our side.
Now he has illegally taken possession of 2 rooms and is not ready to leave this house and constantly threatning to murder his family and ours as well.
I want to know what can be done legally to take possession of our property and how long it will take. we want to end this issue fast as it is just troubling us day by day.
We are also looking for some buyer to sell this house out and out and shifting to different town.
Also let me know that whether we can lodge police complaint about his threatning behaviour.
Please help me to resolve this matter at the earliest.
Thanks in anticipation.
GANGAM.RAJENDER.
(Expert) 09 November 2013
first file criminal cases against him under threatening behavior and file civil suit.
malipeddi jaggarao
(Expert) 09 November 2013
The best way is sell the house to a powerful fellow who can handle your brother.
As regards complaints, you can file a police complaint, criminal case for leashing threats and civil suit for vacation of the house. But all these processes will take long time. As your father did a mistake that he allowed his brother even after his marriage without any income, he is habituated to depend on others and to change the attitude of such people is very difficult. Your relatives should be roped-in to settle the issue, but it appears this is also already exhausted. There will be some people who will purchase the property attached with troubles at a lower rate. As you people lost peace of mind, the best option to search for such buyer and sell it away. Your father's brother can not do anything as far as sale is concerned as it is your father's self-acquired property except going to civil court and according to me the persons of such nature will not venture to go to courts. They go on leashing threats on others. Think of this solution.
Rajendra K Goyal
(Expert) 09 November 2013
Agree with the expert malipeddi jaggarao ji. Nothing more to add.
prayansh
(Querist) 20 December 2013
Dear experts. Thank you for all your advice.
I have one more query, as selling property option is fading day by day because of not getting prospective buyer.
I want to ask, if we go for a civil suit , what is the procedure and how long it will take for case to be resolved. Are there fast track court options for this.
Also i want to know ,when we win the case which is certain, how they will be removed from the property.
Also suggest good property lawyer if possible.
ajay sethi
(Expert) 20 December 2013
it may take years to be disposed of depending upon pendency of court cases . search in LCi data base for lawyers in your city
