nagasubramanian (nil) 11 May 2013
I own a house in my ancestral village. I have allowed my brother to reside there, without paying any rent. He is living there for more than 20 years. Now that I want to take possession of the house for my own use. He is refusing to vacate the house. what is the remedy available to me?
adv. rajeev ( rajoo ) (practicing advocate) 11 May 2013
Whether it is self acquired property or got in the partition? If it is self acquired and you have got in the partition then file a suit for possession/eviction. Before filing the suit you have to issue legal notice under the TP act, for this you contact your lawyer.
LegalArrow ( Advocate Bangalore) 11 May 2013
Agreed with Rajoo Sir. you may also act fast, since there are chances that your bother may assert his titile by way of adverse possession
Shashikant V. Patil (Lawyer) 11 May 2013
You have not mentioned, status of house whether it is ancestral property or self acquired property. If he is your real brother and if the house is ancestral prperty, then he will entitle to have his equal share in the said house. If it is not so, then , you may ask him to leave and vacate the house in brotherly manner , before taking any legal course of action.
MohammedRaffiq Bijapur (Advocate) 12 May 2013
If title is not disputed then file suit for possession setting plea of leave and licence
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