cAN I EVICT FAMILY MEMBER FROM MY PROPERT

My mother owns a property in varanasi which has got 9 rooms. she has given 5 rooms on rent without lease agreement. In one of the 5 rooms my mother's younger brother is staying with his family and we are not collecting any rent as they are financially not sound. Recently we thought of selling that property and now he is creating nuisance and threatening us not to sell the property and also when we asked him to vaccate he is simply refusing. Kindly advice us what to do in this regard.

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Property Law

Posted on 5th Dec, 2018

Advocate Uma

Answered on 14th Jan, 2019

Your uncle is not a tenant under the Rent Laws as prevalent in your state as there is no rent agreement or rent receipt issued. The occupier does not have a right, title or interest in the property. You as the owners of the property have to take a call in case you want to sell the property. This can be settled by talking to the occupier considering the fact that the occupier is your uncle who is not paying any rent. In case he still refuses to vacate the premises then please send him a legal notice to evict and thereafter file a suit for eviction.

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Gopal

18th Mar, 2019

From the facts furnished by you it is not clear whether your uncle is a tenant. You have to clarify whether your uncle paid rent to your mother at any time in the past and if that is so your mother can file an eviction petition on the ground of non-payment of rent. In case your uncle never paid any rent, a legal notice should be issued on behalf of the owner, i.e., your mother asking your uncle to handover the vacant possession of the property and, thereafter, a suit for eviction should be filed.

Advocate Vaishali

Answered on 19th Dec, 2018

You can serve him a notice terminating the tenancy with immediate effect. Hopefully the property is exclusively in the name of the mother. Lease agreements can be documented or oral also. Though you are not collecting any rent due to his financial constraints,it will not create any ownership right upon him. He can always be treated as a trespasser. You need to terminate the tenancy with immediate effect. You also need to check if the water and electricity meter is in his name or not.

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