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Accommodation given to bro. Brother's son's wife trying to acquire it.


06-Oct-2023 (In Property Law)

My grand father A permitted, gave free licence to, his younger brother B to enjoy residing in a seperate portion of his house in 1960s (date not exactly known). B, his wife and their son BS are no more, but his son's wife is trying to get the free hold of the said portion. I want to file an eviction suit after revocation of the licence. I want to file above the suit in district court. Kindly guide under what criteria and circumstances an eviction suit can be directly filed in the honourable district court??

Answers (2)

Answer #1
757 votes
Dear Concerned,

For the purpose of ascertaining the court where the suit is to be filed, you will have to go by the valuation of the suit as per the valuation of the property. If the property is situated in Delhi, then any valuation beyond 20 lacs shall go before the Hon'ble High Court only. In any case, in view of the latest amendment in the jurisdiction law of the Delhi High Court, it is likely that your case also shall go before the Ld. Distt. Court only.
Answer #2
920 votes
An eviction suit might not be maintainable as the person you are referring to is not your tenant. You could however file a suit for declaration of your title over the property and possession. There are no other requirements as such to file such a suit however you should ensure that you have enough evidence to prove your case.

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