Jiten Saini
Asked September 16, 2016

Property eviction

  • 1 Answer
  • 210 Views

Dear Sir, My mother is a widow and she has a property (Shop) at her name that she purchased in year 2002. As my father died in 1996, the shop purchasing idea was from my Uncle (Big brother of my Father) as he is having a running business adjacent to that shop. My uncle's idea wassuch: let's purchase this shop so he can also use this and run our home expenditure and later in future this shop will be good for children to open any business. There is no rent agreement, nothing, this was just on good will. He (my uncle) has 4-5 shops registered in his name in city and many other properties. Whereas my younger brother and mother don't have anything to run the home. My mother and younger brother wants to get that shop back so that they can do some small business for livelihood. But my uncle is not vacating that shop and asking us to do whatever we want to do. Just need to understand how long such cases will run in court because my uncle will also hire a good lawyer to get this case running for long time, considering my mother is a widow and they don't have any other source of livelihood. I am the elder son of my mother and doesn't live in the same town. I am married and having wife and two sons. I am not sure how court actually sees such cases where on one side, a person is not having enough for livelihood and on the other side, my uncle is having 3-4 shops and many plots at his name and is a rich person.

Answer 1

My suggestion to you would be that you file a civil suit for “Eviction of license” under the Civil Procedure Code, 1908 and Specific Relief Act, 1963. Here license signifies to your grant of oral permission to your father’s elder brother to carry on his business by taking the possession of the shop for a limited time period based on goodwill. As of today you want the possession of the shop to start your own business for your own and family’s livelihood, which is very much justified as per the law, for this you first need to inform him about the situation, that you are now revoking his license, thus giving him a 15 days time period to vacate the premises failing which you can file the suit for eviction. As far as legality and legal provisions are concerned, you need to go through the local laws and check the relevant accommodation law of your state (which is different for every state).

Also, not to dishearten you but such kind of cases consume time and money i.e. to be paid in the form of court fees. In this case, it would be AdValorem, which means 12% of the property rate. Now, if you don't have any source of income whatsoever, to pay the court fees, you may approach the collector of your area and he/she can issue a letter in your name to the concerned court – to start the proceedings without you paying the court fees until the judgment is delivered. However, once the judgment is delivered, in whosoever's favor, you will then have to mandatorily submit the desired court fees.

 

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