Reimburse Alternate Housing and Transit Rent (Hotel, etc)

875 votes

You can file a Suit for Mandatory Injunction and Mesne Profits before the Civil Court seeking (a) possession or alternate accommodation, (b) recovery of transit rent or use-and-occupation charges from your brother who is occupying your share of the property. If the property is jointly owned, you may also seek an interim injunction to prevent interference or physical confrontation. Additionally, you can file an application under Section 151 CPC seeking temporary relief to claim reasonable rent till final disposal.

Advocate Adarsh Kumar LawRato

994 votes

In a family property dispute involving a false private complaint of assault, with litigation ongoing for 9 years, you may seek alternate housing and transit reimbursement through a civil court action. Options include filing for partition under property law to divide the property or requesting a restraining order to enforce separation. Reimbursement from your brother could be pursued if he is found to be wrongfully occupying or damaging the home, subject to evidence and local jurisdiction laws. Consult a lawyer to assess applicable statutes and file appropriate motions.

Advocate Karishma Rajput LawRato

934 votes

In your case, since you are a co-owner in the family property and unable to enjoy peaceful possession due to hostile occupation by your brother, you can approach the civil court under Section 9 of the Code of Civil Procedure (CPC) seeking relief for mandatory injunction and mesne profits / use & occupation charges. You can file a Civil Suit for Mandatory Injunction directing your brother to either vacate the premises or pay compensatory rent (mesne profits) equivalent to the market rate for your share. In the same suit, you can also seek interim relief under Order 39 Rules 1 & 2 CPC to restrain your brother from creating third-party rights or obstructing your entry. If you are not ready for partition, you can maintain your co-ownership rights and still claim equitable compensation or transit accommodation rent till your right of residence is restored. Courts have recognized this right in several judgments where one co-owner excludes the other from joint property. Prepare documents showing ownership, litigation details, and proof of forced exclusion (like police complaints or communications). These will strengthen your claim before the court. You can also consider filing a counterclaim for damages and rent reimbursement in any ongoing litigation if it pertains to the same property dispute.

Dr Ajay Kumar Pandey LawRato

995 votes

first of all is it the ancestral property or did it belong to your father so making it more specific the ownership of the house is in the name of?Also did you file the partition suit? There is no specific provision either in CPC or Transfer of property but you can get it either through mutual agreement or understanding or you go for partition suit.

Advocate Ujjwal Ashutosh LawRato