Relatives not ready to move out of my dad's house
My dad in Mumbai has a house that was gifted to him by my grandmother's brother. He has all the papers - house papers, ration card, gas bill, etc all these under his name. We were a joint family before my grandmother passed away 5 years ago. While the other relatives moved out, my dad's sister along with her husband & daughter continued staying. Dad allowed them to live in the house as he knew their financial situation wasn't good enough for them to move out. Dad never took any house expenses from them, at times even helped them financially to cope with personal expenses.
In recent years they have been getting very abusive due to which my parents are going through immense stress. So dad has been asking them to leave the home since months. It had reached a tipping point when dad asked them to leave. Now they are refusing to leave. Not sure how I can go about getting them out of the house. It is not an ancestral home as it does not belong to my grandparents. Neither has the sister got any proof of living there as the bills & everything else is under dad's name.
Can someone advise what options my dad has here. Any help will be most appreciated.
Asked 2 years ago in Family Law from New Zealand
1. The house is considered t be a self acquired property of your father and is by no stretch of imagination it can be considered as ancestral house.
2. in that event your aunts and uncles or their children who stay there have no share on the property and they are staying therein as permissive occupier.
3. Your father hence is within his rights asking for vacating the house.
4. Now If they do not then your father can file suit for eviction of licensee against them. They have no merit to fight such case.
5. Asl him to meet a local lawyer and file such suit asap.
Hi, The property is the absolute property of your father.
?. Issue legal notice ask them to quit and deliver vaccant possession of the property with in 15 days.
?. After the expiry of 15 days file a suit for evection and vacate the house as per law.
Thanks for the advise. Can you elaborate on how one can issue a "legal notice"? And what exactly this involes? Can a lawyer get this prepared for us or is this something we'll have to initiate ourselves?
Asked 2 years ago
Hi, you have to contact local advocate and they will issue legal notice on behalf of you or you may contact Mr. Ajay Sethi Adbocate he will give legal advice in this site and he is practicing in Mumbai.
1. File a complain at the local police station for manhandling , misbehaviour and death threat from the permissive occupiers.
2. Send a legal notice to them for vacating the property Followed by eviction suit.
It is recommended to create mental pressure on them through criminal proceedings - simultaneously filing an eviction suit.
This is called eviction notice and a lawyer can draft this if you engage one.
On expiry of the notice period you can file civil suit for eviction of licensee.
1. After the execution of gift deed in favour of your father by his maternal uncle, he became the absolute owner of the gifted property. The property is not ancestral.
2. Nobody can stay in your father's property except without his consent.
3. Your father can file a lawsuit for eviction against his sister and her family to remove them from his house. This is the only legal remedy which your father has. The lawsuit may be preceded by issuing a lawyer's notice for eviction by your father to his sister, but this is not mandatory.
The lawyer's notice will have to be issued by a lawyer engaged by your father.
first of all send a legal notice through lawyer and if they are not ready to vacate the house within notice period then your father may file a civil suit for eviction with mesne profit and claim the compensation as rent amount till the final eviction with interest.
Advocate, New Delhi
1) your father is absolute owner of said house . it is his self acquired property .
2) your aunt and her family have no share in said house .
3) your father can contact a local lawyer and issue legal notice to your aunt to vacate the said premises
4) in the event she refuses to do so file eviction suit
1. Your father is the absolute owner of the said property,
2. Your Aunt and her family has no right on the said property,
3. Your father should now file an eviction suit against your Aunt and her family,
4. Engagae a local lawyer having expertise in this field.
1. Legal notice is a notice issued on legal ground placing specific demand/claim,
2. You are suggested to consult a local lawyer to issue the same since issue of such notices involve legal expertise.
if any inmate has been living in the house for more than 7 years then landlord or house owner can't evict him only on giving a notice of eviction. if your relatives are unable to build any home then where will they go ? this question will arise in the court and they can easily get injunction order in their favour and you can't do anything without the permission of the court if matter comes under judicature of the court.
be cool and handle this issue with care. if they have any house in the city they are living and that house is fit for human accommodation then you can give notice for eviction because in this situation they have an alternate house to live.