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Jaya (Lead)     03 September 2014

How to vacate person staying for 33yrs

Hi, 

My mother in law own an property in her name and executed a settlement deed in name of her 2nd and 3rd son.She passed away on 2012.Her first son is staying in first floor  along with his family for more than 33 yrs.We are staying in ground floor in our property.Now he is making problems and not vacating house saying he also owns the property though he does not own share.He is not giving any rent or. no agreement is made between us.Kindly let me know how to vacate him legally.Will he demand any money to vacate property since he was occupying more than 33 yrs.?How to tackle it legally.



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 7 Replies

M V Gupta (Advocate)     03 September 2014

I presume that the settlement deed has been properly stamped and registered. If that is so, the first son cannot claim any rights in the property. His stay in  the  first floor might have been with the acquiesence of ur mother -in- law being her son. If the first floor is required by one of u in whose favor the settlement was made, u can file suit for eviction in civil court on the ground that the floor is required for ur personal occupation.

Jaya (Lead)     04 September 2014

Thank you sir.Settlement deed is stamped and registered in name of 2nd and 3rd son. My main concern is 

1.Will he demand any money to vacate the house.

2.How many yrs ill it take for eviction suit case to complete.How much does it cost?

We have paid and transferred property tax,water tax,EB,Patta to our name.1st son name is present only in legal heir certificate.He is  giving mental and physical torture to us daily.Hence we need to vacate him from property.We will feel relaxed if case would complete soon.Awaiting your reply

M V Gupta (Advocate)     05 September 2014

If he is prepared to vacate on payment of some money better pay and get possession. If u resort to court proceedings, it may take a lot of time and expense and mental tension for all of u. If the matter is settled by mutual consent ensure u get a written document from him stating that the portion belongs to the 2nd and 3rd sons and he does not have anny right to it and that  he has vacated the portion as per agreement reached between all of u. Get the deed drafted by an advocate to avoid any problems on account of ill drafting.

Jaya (Lead)     07 September 2014

He filed a caveat petition stating that we should inform him whatever we do legally and it is valid till Oct 9 2014.Can we file similar kind of petition and when do we need to file either on next day Oct 10 or on same day Oct 9?

M V Gupta (Advocate)     08 September 2014

The effect of caveat is that you have to keep him informed of any legal proceedings started by you against him. Nothing more. I feel that u need not wait till the caveat's validity is over. Even now u can file the suit and apply for interim reliefs, but serve him notice of the same on him.

Jaya (Lead)     16 September 2014

Can we file caveat petition once its validity is over?Settlement deed was executed on 2012.I heard that if we file suit of eviction after 3 yrs of execution,suit of eviction fees will be reduced out of property valuation compared to amount required to file now (2014).Can you pls clarify?Awaiting your reply.Thank you in advance

M V Gupta (Advocate)     17 September 2014

Caveat  is a petition filed by a party who suspects launching of suit against him by his opponent. By this he requests the court not to pass any order ex parte without notice to him. It is not necessary for u to flle the suit.


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