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Complaint against brother for illegal stay also is accused of sec-138
20-Nov-2023 (In Civil Law)
My brother is staying in my house with his wife and kid without any legal agreement or permission and not willing to move out. Since parents are staying in my house he is staying with them and claims it to be his rights to stay with them. Also he requested me to become a guarantor for his car loan (Loan purpose) and hasn't paid EMI from past 8 months and there is a cheque bounce against him as well.. he is deliberatly doing this to trouble me. Need legal advise on this matter and want to understand whether this we can file a case under criminal law.
You can initiate action against your brother seeking relief of eviction and get back your possession. As regards the loan the guarantor is equally liable with that of the principal borrower and hence your claim there is little difficult. However you can contest the same.
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Adv. Anantha Kumar
Bangalore | 100+ Answers
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Sir,
Better your express your opinion before the parents of the same in front of him. In case if you get any problem ther after you can file a complaint against him
Dont be a guarantee for other loan even he is your brother also. As you told already there a large number of default against him. Therefore fore dont proceed.
You can file a criminal case only if you met any problem from him. Directly express your opinion to him. There after if he was not accepted proceed legally by issuing a notice and direct him to evict from the premise.
Better your express your opinion before the parents of the same in front of him. In case if you get any problem ther after you can file a complaint against him
Dont be a guarantee for other loan even he is your brother also. As you told already there a large number of default against him. Therefore fore dont proceed.
You can file a criminal case only if you met any problem from him. Directly express your opinion to him. There after if he was not accepted proceed legally by issuing a notice and direct him to evict from the premise.
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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