Community › Forums › Legal Advice India › Need Advice: How to Evict Family Members (Father + Elder Brother) Living in My House
- This topic has 4 replies, 5 voices, and was last updated 1 year, 1 month ago by
Shivanifalcon22.
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RRomapanda361
PARTICIPANT
April 28, 2025 at 6:44 amHi everyone,Iβm in a complicated situation and would really appreciate some advice.
I am the sole owner of a recently purchased house Nov 24 (registered in my name) that is still under a home loan. Currently, my elder brother and father are living there without paying any rent or contributing to the EMIs. Me and my Mother lives in Mumbai because of our work. I am paying the full EMI every month.
They were not much good to me and mother and do violent activities too. My father donβt earn and depends on our money. My elder brother does delivery jobs.
I let them stay in my new home with the intention of having a good family bonding and thought things might change for better. But it seems it wont change. Despite multiple requests, they are refusing to vacate the property.
I understand that legally I can send an eviction notice and file a civil suit, but from what I hear, this could take 6β12 months or even longer. Meanwhile, I am stuck paying EMIs and all expenses while they enjoy the house.
I was thinking:
β’ Is there any faster way to evict them legally?
β’ Would offering them a small settlement (cash to vacate) but they asking for 1 lakh rupees stating they worked as a caretaker of the home.
β’ Also, what happens if I just stop paying the EMI? (Will the bank take the house and throw everyone out?)
β’ Has anyone been through a similar situation? How did you handle it?Any advice, tips, or real experiences would really help me right now.
Thanks in advance!
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SShivanifalcon22
PARTICIPANT
April 28, 2025 at 8:30 amNAL, doesn’t know the property value. If 1L is equal to 1 year’s worth of rent, better to settle it. Eviction suits take years before you get a judgment. -
LLuckypriya8612
PARTICIPANT
April 28, 2025 at 11:48 amTry creating a situation where they have to go out of house for 4-5 hours , once they are out change all the locks and install a security camera.
If they try to break the locks , call the police as you have cctv for proof -
BBrightsharad5081
PARTICIPANT
April 28, 2025 at 12:01 pmIf you stop paying EMI they will come after you first then the house -
CCoolknight1377
PARTICIPANT
April 29, 2025 at 3:55 amIf you stop paying EMI, the bank will seize the house. They have to follow a legal process which will take a few months.To recover the house you will have to pay up. Interest and charges etc.
So you need to calculate and consider all that.
If you can get a few people together, you can just throw them out of the house and lock it. If society has security then get them involved and get them to stop them from entering.
Or involve the police. Might have to pay some money…
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