How to resolve dispute in joint family property
21-Aug-2023 (In Property Law)
we have a two story house, on the ground floor I and my family lives and on the floor above my uncle and his family live. we are living together for 24 years . from last 10 years my uncle is creating problems like abusing and threatening and was not paying electricity bills . so 7 years ago my father allowed him to take a new connection on his name for that floor. now 2-3 years back and now when i was not at home he and his son beated my father and mother as my father has still not filled a complain against them. now they are saying that they will never vacate the house.as my brother is in army and i work in bank in m.p and my parents live there .House was bought by my father and the property belongs to him and is in his name(my father) it is neither joint nor encestral .if we takes a legal action how much time it will take for us to win and we force the out by any method so that there is no legal action taken against us( they have all the address proof for this address)
You had not specify nature of property I. e whether self earned of your father or ancestral.i am guiding you for both situations hereinbelow:
If self earned than file civil suit for possession because your uncle is in capacity of licences.
If ancestral.than file a suit for partition.
For his criminal act file fir against him.
If self earned than file civil suit for possession because your uncle is in capacity of licences.
If ancestral.than file a suit for partition.
For his criminal act file fir against him.
From your query the status of property is not revealing weather it is in the name of your father or it is joint property or it is encestral property which is not partitioned so I am unable to give you perfect advise
It doesnt matter that they have address proof of the property in question.status of your uncle in that house is as a licence.file civil suit against your uncle for vacate the premises.time will depend upon work load of court concerened.
Firstly its not your ancestoral property therefore he cant ask for any share in this property legally.
Secondly there is no question of easement right developed over this property since it doesnt come under its ambit.
thirdly, you can go under civil suit for eviction suit and under criminal suit we can file house trespass as well as some other provisions under IPC.
Secondly there is no question of easement right developed over this property since it doesnt come under its ambit.
thirdly, you can go under civil suit for eviction suit and under criminal suit we can file house trespass as well as some other provisions under IPC.
Such cases normally take long to get decided as there are various points a court has to look into before deciding you can file a vacation suit if your uncle has no legal right in the property you can also decide to sell the house it is a settled law that allowing someone to reside in a house on compassionate ground does not create any legal right you can contact me for further details
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