Q.How can I send eviction notice to brother if property is not yet on my name?

2 years ago

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 by last owner (notarized)
-Agreement for Transfer of leasehold interest (nota.)
-Money Receipt
-Building sanctioned plan by the municipality
-possessions papers

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Anik

Responded 2 years ago

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A.Hi, since the property is not in your name fully, it will be difficult successfully evicting your brother and his family. The second complication arises by virtue of your brother living in this house for 15 years, he may take a claim of adverse possession.
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.Please take note that as the property is still in the name of earlier Owner and as your said brother is residing therein for more than 12 years so if he claims adverse possession,then it becomes impossible to evict him from that property. So it is necessary on your part to take appropriate legal steps so that your said brother can be prevented to claim adverse possession.

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Abhimanyu Shandilya

Responded 2 years ago

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A.There seems to be abit of complexity that the owner had transferred through agreement (transfer of leasehold) as well as wrote a will in your name. Not sure how the court is going to look at it but as far as filing an eviction suit is concerned you cannot do so unless your ownership right is established. Your brother may counter the suit on this ground and even invoke the ground of adverse possession. So, better first get the ownership in your name then move the court for eviction.

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