Legal Question in Real Estate Law in India
I purchased a flat from my income in the name of my wife. I invited my mother and brother to stay there. I sponsored my brother for a course and paid for all expenses so that he can get a good job. During this period I paid for their all expenses. We do not normally live there but we have one bedroom for us. I have been asking my brother to move to another place since he is working now. It is now many years since he is in my flat and not moving out. He has married now and have a family. I offered him adequate amount so that he can settle but he wants that I should buy a flat for him which is beyond my means. He does not accept any relative to mediate. What should I do?
5 Answers from Attorneys
You may file an ejectment suit against your brother.
you have no other option but to file a suit for possession and you need to pay requisite court fee as per value of your flat. you will certainly be able to get the possession of your flat back unless you have executed any document contrary to your pleas.
All the options guided by my friends are right. There is one more option,
You can file case of ejectment on the basis of Rent also. In this way you will receive a huge amount for arrears of three years rent and then will get rent on time till he vacate the house.
Regards
Rent petition is not a viable solution since he was never inducted as a tenant. He is by all means a licencee as he had been living there with your permission. Filing of a simple suit for eviction / possession may be better.
Approach court with appropriate suit as also mesne profits.
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