Legal Question in Landlord & Tenant Law in India

I purchased a shop. This shop is now occupied by the brother of the seller who sold the property to me.This property was purchased by the father of the seller when she was 12 years old and being a minor entrusted it with the brother to run till she is a major. After becoming a major she was married and left India with her husband.

Now this brother is occupying this shop for 31 years without any right and is not moving out

There is no tenancy agreement or any sort of agreements in writing.

In 2009 at the request by the brother, she (the seller) gave a POA to this brother to take a loan on this property for the brothers need. That was not repaid and recovery proceedings are due by the bank. All documents with the bank were signed by the brother "for and on behalf of the owner (that means the sister who sold the property to me)" as per bank records. This POA was cancelled and the property is now sold to me. The seller settled the loan outstanding with the bank and released the encumbrance before transferring the property to me.

The neighboring piece of land to this shop is owned by this "brother".

QUESTION

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Being the buyer (OWNER) of this property now , can I eject the "brother" who is occupying this property now against the will of the sister ( the person who sold the property to me)??

If yes, what is the procedure ?

If no , what are the options open to me ?

Regards

V T George

1 Answer from Attorneys

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