How to sell a property that is forcibly occupied by someone

03-May-2023 (In Property Law)
my brother is using the property which is in my name from last 25 years and he is not vacating the property...and i have also withdrawn bank guarantee which he took on that can i sell this property to someone ?? will the new owner be able to get the property vacated through order of court or by police
Answers (2)

Answer #1
976 votes
Hi, if your brother is using your property, first before selling that property you must to file a civil suit for recovery of that property. And you can also file a criminal compland under section 403, 406 and 420 IPC against to your brother.
Answer #2
771 votes
Yes you can sell the property if documents are in your name. The buyer can get it vacated from the possessor as the buyer is the rightful person to have the possession of the property. But it may take little time.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Divorce Lawyers at to address the specific facts and details.

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