Legal Question in Real Estate Law in India

We are 4 brothres.We had a house behind my cousin's house in our home town.This house is in the name of my mother.She already expired in 2005.Since we 2 brothers reside outside india and 2 are working in india but outside our home town. I given the keys of that house to my cousin to take care off.Now when I returned India we saw he captured my house and put his belongings in it.We want to get it back.
Suppose that we file a criminal complaint with police for Criminal Breach of Trust. or Secondly file a civil suit for possession can he file a case against us that he is a tenent for many years and he can create a problem and it take long years to decide the case.

Asked on 5/06/13, 10:40 am

2 Answers from Attorneys

Vishwa Arya Arya & Co.

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Your apprehensions are ill-founded, unless, you have signed a lease with your cousin at the time of handing him over the keys and/or you had been accepting monthly payments from him. (If that be so, please write detailed facts to get a comprehensive opinion). If not, where is the question of his making a plea that he is the tenant. To establish the relation of landlord tenant, there has to be a lease (written or oral) coupled with payment of monthly rent which was lawfully tendered to the landlord (your mother or brothers) and received and acknowledged by the landlord.

Answered on 5/06/13, 12:17 pm

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