Legal Question in Real Estate Law in India

My father gave his house (built by him) to me when I was minor by settlement. As he used to drink a lot, he was forced to do that by Mom. I and my mom were staying in a different house. My grandfather took care of this house and gave to rowdies due to personal family problem in the form of "lease" illegally. Rowdies occupied the house and staying till now. My mom challenged my grandfather's action in court. He expired in between. My Father is also no more. After 14 yrs, recently, We got judgement from local court in favour of us. Now rowdies want to go to high court and didn't want to vacate the house. They are enjoying the benefit of staying at house. Is there any way can I get them evacuated immediately? I am fine to proceed with the case even after that. But I wanted them to get evacuated as I am loosing rental gain out of it. Also they are not maintaining the house. I am fed up now. Can you please give me some suggestion here?


Asked on 1/28/13, 4:54 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

There may not be anything immediate as per the due process of law.

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Answered on 1/29/13, 1:29 am
Jayesh Desai Jayesh Desai

You may request the Court to ask the occupants to deposit interim compensation - which can be market rent for the premises in court. Also ask the court to order the payment for compensation / rent from the date of case till today if the court is granting them stay and allowing them to continue. Contact a good rent act lawyer - he shall be able to guide you.

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Answered on 1/31/13, 3:12 am


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