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Author Topic: Flat occupied by family  (Read 803 times)

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Offline manishaganguly

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Flat occupied by family
« on: August 07, 2015, 08:47:26 AM »
Hi there,

Iím an NRI, possessing a property( a 3 bedroom flat) in U.P. Its registered under my husbandís and my name and we have a copy of registry as well. My brother has been using this property for last 10 years, there was no formal agreement between us as none of the parties have thought it was required as he is my brother and we had good relations at the time. It was all in good faith. He wasnít in the financial condition to pay the rent to us so it was never discussed. He then moved to a different location and relet the flat and used all rental income. Again, in good faith, we let him use the rental income as he didnít have enough earnings to feed for his family. Now he moved back and wants to live in the same flat with his family. We have a suspicion that he wants to illegally possess the property. When we asked for keys for the flat, as we now want to sell it, he started to give excuses. In fact, it turns out that he is using the flat already for his personal purposes and my father is also supporting him due to his difficult financial condition.

We have exhausted all options in resolving the matter at a family level but all efforts are failed,  now looking for some advice on where we stand legally in this matter.

Thanks
Manisha

Offline advmisthi

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Re: Flat occupied by family
« Reply #1 on: August 11, 2015, 07:24:04 AM »
What do you want to do, let us know accordingly I will advice you
Adv.Misthi Mukherjee
I am here to help, Shoot your legal problem to me, I promise I will help

Offline manishaganguly

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Re: Flat occupied by family
« Reply #2 on: August 17, 2015, 12:53:06 AM »
any legal advice would help here, we are now thinking of filing a police complaint for illegal possession of our property but for that we have to be present in India? Is there any other option?

Thanks.

Offline advpriyaanand

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Re: Flat occupied by family
« Reply #3 on: August 17, 2015, 08:59:09 PM »
You can file for eviction suit, before that you have to give a one month notice.
your presence is not required your appointed lawyer can represent you in court.
Advocate Priya Anand,
Learned Counsel
Madras High Court

 

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