Asked April 01, 2017

Uncle residing forcefully

  • 1 Answer

My father had bought land in Muzaffarpur in 1998 on his own money as my grandfather died in 1988. He took home loan for building house and still paying EMI of loan. My uncle (father's own younger brother) lives in this house on my father's permission since 2007. Now we have to built another storey and asked my uncle to vacate the house. But he refused to do so and gave death threats to my family if we forced him to vacate. Can we vacate house legally and if yes then how??

Answer 1

Sir, firstly as this property is your father’s and it is not an ancestral property, your uncle does not have any legal right to it. Further as he is not a tenant civil action under rent control Act for eviction also cannot be initiated. Therefore, the only remedy you have is to file an FIR in the police station under section 441 of IPC which talks of criminal trespass. This means any person can be held liable is he enters another’s property with an intent to disturb the peaceful being of that person. After filing FIR let the police do its work and initiate proceedings.

Agree Comment 0 Agrees over 3 years ago

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