Legally Yours: By Retd Justice K Chandru | File civil suit for eviction if brother not vacating your self-acquired property

File civil suit for eviction if brother not vacating your self-acquired property 

I own a house in Chennai which I had bought with my hard-earned money. Since I am working abroad, my elder brother with his family has been living there without rent for the past several years. Over a year ago, I requested them to move out as I wanted to rent it out. However, they were adamant about staying put and started resorting to various means to spoil my plans. He later agreed, provided that I part with some money. Believing him, I gave whatever money he asked for. All I wanted was an amicable solution. He even signed a written agreement that he would vacate on receiving money only to change colours later. He is also not responding to my communications and is indulging in delay tactics. What are the options before me? Please advise.

-- Mohan Ram, Chengalpattu

You can file a police complaint. Normally police will be reluctant to take up the issue despite your request as it is a civil dispute. A few years back an attempt to take action in a similar case under land grab courts was negatived by the High Court.

If police fail to act, you can institute a civil suit against him for eviction. if you are not in the country you can give a power of attorney to someone here who can sue him on your behalf.

Landslide considered as 'vis major', developers won't be held responsible

How is land ownership determined after a landslide or a natural calamity?

Also, will property developers be held responsible if a landslide occurs in their locality? Are there any legal implications for property owners or developers when landslides occur on their properties?

-- Karthik Ganesh

As the landslide will be considered as 'vis major' (superior force describing an irresistible natural occurrence or an act of God) the developer will not be held responsible. When it comes to ownership of the place, it should be noted that a person can own only the surface. Now that gone with the landslide, he cannot retrieve his place any more. Devastation of this kind deprives your ownership of the society-called "immovable property". Nothing is immovable.