Q.How can I send eviction notice to brother's troublesome family if property is not yet on my name? I solely purchased a property(2005)owner left me a will. I let my financially weak bachelor brother stay in a room on my house without any rent.He got married, he & his family is forcefully occupying in 1 room of my house and using my electricity,water,bathroom since 15 years.At first i thought of helping them because they were financially weak now they don't want to leave knowing my property is not in my name fully. Will from previous owner is in probate process currently(2021). That will take 1+ years to completely get the property on my name after probate > mutation > registration By that time can i evict them legally through the civil court filling eviction notice ? if not yet registered on my name? Property Docs i have WILL (notarized) Agreement for Transfer of leasehold interest (nota.) Money Receipt Building sanctioned plan by the municipality possessions papers

Ofcourse you can evict them.

You don't need to send an eviction notice. Eviction notice is for tenants. Since thereisno consideration is involved it falls within the definition of license. Follow the process of ending the license. The best way is to seek advice of a lawyer who will help you with notices and civil suit if required.

Only owner can send the suit for eviction.

You can because you are entitled owner with effect of the will. Keep your legal heir certificate handy. Should take 4 months max

If the property deed having your name please approach local police.

Notarised documebts have no value in law. Now such on given document is not valid and legal in law nor the same create any title in your favour. Get a proper sale deed and also get mutations. Getting probate is a lengthy and time cinsuming process. Your brother is on permitted licence so terminate the licence. A landlord can also file eviction petition and can also claim damages.

On the basis of will get your name mutated first. Then, you can file an eviction suit on the basis of will to evict your brother. Dispossession can only be in accordance with law after adopting due process of law, thus, eviction suit is the only remedy for your. You cannot evict your brother overnight.

Firstly, you send a Eviction notice to brother under the section 106 of T.P. act. after 15 days, you can file eviction Suit in the court against the brother. And we can be proved the ownership in the court, according to will and other documents.

Previous owner if alive or not. if alive then he/she can peruse the matter and if died, then u can.

Hello How can i help you

You can file case against your brother for illegally occupying your property under property laws and produce all the documents before court proving your ownership with requisite documents or else you can wait for the will to get probate but since that will take years time you may proceed simultaneously with this case also because then only he might get evicted because anyone occupying property for more than 12 years has right to title over the same property in dispute.

Yes, You can send Eviction notice by help of an Advocate. You will be have some poofs like House Tax receipt and electricity bill, etc. which they provide it property belongs to you only. It will help to process find out who is the real owner. Now, file an eviction notice as soon as possible. For further information and discussion, you can book a consultation with me here.

Yes we need to file an eviction suit for this and I need to go through the documents as well. So, you may contact me on my no.

First of all hire a civil lawyer and communicate the reason for seeking his eviction by giving him a legal notice

You can still send a eviction notice. Provided you can establish a bonafide reason for the eviction. First a legal notice of eviction has to be send.

Yes, you can file an eviction suit in civil court. For proceeding further do contact.

You cannot evict, as it is not a rent case. The solution is a suit for possession, that can be done. The intricacies and tacts will depend upon surrounding circumstances. A correction, what will lie, is a mandatory injunction.

Hello Sir, you have all the legal rights to file an eviction suit against your brother. It would be advised to send a legal notice first to evict the house in stipulated time and after that, you can proceed with legal action against him. I also advise you to get the electricity connection stopped and get a new one issued in your name on the basis of your documents. For further queries, you may book a consultation with me. Regards, Adv. Megha Sharma

You can book a consultation with me. I will help.

You can book a consultation with me for legal advice.