1. It is not at all ancestral property.Your grandfather was a tenant and on his death his class-I legal heir were being alive whcih included your aunt t inherted the tenancy as well.

2. The same is with his other children who jointly inherited the tenancy except the married daughters.

3.Now when you purchased the proeprty you stepped into the shoes of the original landlord and your aunt became tenants under you.

4. So only way to get the vacant possession of the proeprty is to file a suit for eviction agaisnt your aunts or cousins.

5.Your mother is half owner of the proeprty and hence she can transfer her half share to anyone she chooses. On her death though your aunt will not inherit any sahre from her.

1) it is not ancestral property

2) property which has remained undivided for 4 generations is ancestral property

3) father 2 sisters were not staying in said house and cannot claim any rights on the flat

4) your aunt was staying in said flat during your grand father lifetime and you cannot evict her

5) your mother and you are the legal owners of flat

The way to evict her is to file a suit for eviction of a tenant.

I have already advised you on this account.

Your aunt was staying in the tenanted premises along with her deceased father

2) on demise of her father she is a deemed tenant

3) you have purchased the flat but it is subject to her rights to continue staying in the said flat

4) you can file eviction suit but it would take around 10 years to be disposed of depending upon pendency of cases in court

1. Is it really an ancestral property and can my aunt claim to live here on those grounds?

ANS: NO, IT IS NOT THE ANCESTRAL PROPERTY. IT IS THE PROPERTY OF YOU AND DUE TO LOVE AND AFFECTION PURCHASED IN THE NAME OF YOUR MOTHER.

2. What about the other two sisters (my father's married sisters) who are living abroad now?

ANS: IT IS YOUR SELF ACQUIRED PROPERTY. ASK YOU AUNTY TO GO TO COURT AND CLAIM HER RIGHT. YOU MAY FILE SUIT FOR PERMANENT INJUNCTION TAKE EX PARTE ORDER AGAINST HER.

3. What is the legal position of my siblings in this matter (a sister and brother)?

ANS. IF IT IS YOUR SELF ACQUIRED PROPERTY THEN YOUR OWN BROTHER ANS SISTER ALSO HAVE NO RIGHT.

4. What is my mother's and my legal position in this matter?

ANS.IT IS ONLY LIKE BENAMI TRANSACTION IN THE NAME OF YOUR MOTHER

5. What legal option can I avail of to evict my aunt?

ANS. JUST GOTO CIVIL COURT AND GET AN ORDER AS ABOVE SAID.

Anders to your questions are:

1. This is not an ancestral property.

2.Non of the sisters have any share in the property.

3. If shares are defined you along with your siblings have share in your mother's share if there is no will.

4.you both are the owners of the property jointly as per your share.

5. Just call the police and tell her to go else you need to file eviction suit in civil court.

Your aunt have no right if you don't wish that she should live with you.

Ancestral property is defined as the property whose title has not changed for last 4 generations i.e. from great grandfather to great grandson without being interrupted by any partition/settlement/sale/gift deed or will. If it is not so, then it is not an ancestral property.

1. Is it really an ancestral property and can my aunt claim to live here on those grounds?

Ancestral property is defined as the property whose title has not changed for last 4 generations i.e. from great grandfather to great grandson without being interrupted by any partition/settlement/sale/gift deed or will. If it is not so, then it is not an ancestral property.

2. What about the other two sisters (my father's married sisters) who are living abroad now? What is the legal position of my siblings in this matter (a sister and brother)?

After the demise of grandfather, his class1 legal hairs become the tenants in that property. His class1 legal hairs have right over the property only as a tenant. After the purchase of the said property you and your mother become the owner of the property / land lord of the property. The same time their right as a tenant is not abandoned.

4. What is my mother's and my legal position in this matter?

Both of you are the owners of property as a new land lords

5. What legal option can I avail of to evict my aunt?

Eviction suit is the only remedy to evict the tenant from leased premises .

1. It is not a property of yours Aunt, leave apart being an ancestral property. It was the rented house of your grandfather wherein all of you had inherited the tenancy right by virtue of your continuous occupancy of the said premises. You have purchased the said house along with your Aunt as a tenant living therein which she can claim to continue for which you shall have to negotiate with her separately for ensuring her leaving the house.

2. Those who are not residing in the said house have no tenancy right on the said property bought by you.

3. Your siblings who are staying in the said premises will continue to stay in that premises as tenant and shall pay you the rent to you being the owner of the said house.

4. Your mother is the joint owner of the said property along with you.

5. If your Aunt refuses or fails to pay rent to you for a period of three months, file an eviction suit against her.

1. Non payment of utility expenses is not the criteria in the instant case but non payment of rent is.

2. If she claims to be a tenant in the said premises bought by you, she shall have to pay you the rent for which your land lord should send letters to all the tenants of your house informing that you have now become the owner of the said house for which they should pay you the rent.

3. You shall have to file an eviction suit for evicting her and it might take years to be disposed of.

4. It will be prudent on your part to negotiate with your Aunt for her leaving your house the way your land lord has negotiated with for selling the house to you.

1. Ancestral property under Hindu law is one which was originally purchased by great grandfather and remains undivided for four generations. Hence, in your case it is not ancestral by any stretch of the imagination.

2. Since you and your mother have purchased the property you are the title holders of it, as a corollary thereto your aunt cannot reside therein without your permission.You and your mother may file a suit for eviction against your aunt to evict her.

Dear Client,

Where ur aunt will go, she u evict her. She have any source of Surviving.

1. Is it really an ancestral property and can my aunt claim to live here on those grounds? -- No and after purchase, it has become ur self acquired.

2. What about the other two sisters (my father's married sisters) who are living abroad now? -- No one have any right in the property, not even of ur father`s.

3. What is the legal position of my siblings in this matter (a sister and brother)? -- No right

4. What is my mother's and my legal position in this matter? --- Joint Owner.

5. What legal option can I avail of to evict my aunt? -- File eviction suit.

My questions are:

1. Is it really an ancestral property and can my aunt claim to live here on those grounds?

Since you bought the property by a registered sale deed document in your as well as your mother's name, it becomes your own property, there is no question of any ancestral property.

Your grandfather was just a tenant in the property and not a owner of the property that you aunt is claiming ownership or any share in the property.

You issue an eviction notice and approach to eject her out of the property if she refuses to vacate.

2. What about the other two sisters (my father's married sisters) who are living abroad now?

If this property is in the names of you and your mother, nobody can claim any share in it as a right.

3. What is the legal position of my siblings in this matter (a sister and brother)?

Nothing.

4. What is my mother's and my legal position in this matter?

You both are the owners provided you confirm that the property was bought by you on joint names by a registered sale deed.

5. What legal option can I avail of to evict my aunt?

Issue a legal eviction notice followed by a suit for ejectment.

My aunt has not been paying any rent or contributing to any utility expences. What do you mean by "you cannot evict her", also what are the steps I can follow to make her leave the premises, and how long would the process take?

Dont accept any rent from her which would entitle her tenancy rights, you may just follow the legal process for evicting her.

A suit for ejectment shal be a better option, you can discuss with a local lawyer on this angle too.