• Property issue

Dear Sir,

I have a independent house near udupi which was built by my father. Before his death he had kept a lady with her 2 kids as she was facing trouble from her husband.My father kept her as he didnt know to cook food. After his death, that lady helped me to make changes in property documents which was in my fathers name only & now it is in the name of my mother, me & my sister. it is now 2018 & i had requested her to sell the property as i need money.

My major concern is what will happen if she doesnt move from my place & she is keeping on saying i m trying bt no one is ready to buy due to demonitisation.

What are the ways to make her move out from the property & sell the property.

Is my property safe even if she there for more than 4 years
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

She is not the title holder of property. If she was asked to stay there for cooking then she is a servant. And servants cannot claim ownership of house. You can anytime tell her to vacate the house if she doe not then you can file police complaint for forceful occupation.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Yes the property is safe serve her notice now only in 4 years there is no adverse possession server her a eviction notice that she was living under permissive possession of your father and to help in domestic help now since the father has expired and you are in need for money you need to sell the house so she need to vacate same.

Sir take help of lawyer to draft notice as she is not tenant she is under permissive possession so the notice has to be drafted properly from side of you all three and reason should be stated.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) lady has no right , title , interest in property

2) if she refuses to vacate you can issue her legal notice to vacate

3) file eviction suit against her

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

you can approach the Civil Court, under the jurisdiction of which your property falls. You may seek the eviction of your tenant but you will have to abide by the Court’s decision, whether or not it is in your favor.

You will have to send a legal notice to your tenant asking him/her to pay the arrears of rent or else to vacate within a month. The tenant has to pay rent in the court once it is assessed by the court and in case he/she fails, it invites immediate eviction. Besides rent, you may also seek for compensation money for your loss.

Further, if either tenant or landlord isn’t happy with the Civil Court’s decision, he/she may approach the High Court of the state.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1) you can give her time to vacate the premises

2) if she declines to vacate on expiry of extended period then issue her legal notice to vacate the premises

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

It can prove risky. Try to evict her as soon as possible. Because if she approaches court then you will need to follow length procedure.

If she goes to police she cannot do much because she is not the member of your family she is the person whom you gave shelter.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Dear Client,

Persons Holding Premises Gratuitously Won’t Acquire Any Legal Right On The Property, you can evict her anytime but don't let them on road, make some arrangement of her dwelling.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If she approaches lawyer then also in course of proceeding court can order her to stay otherwise no chance. that can be risky if she does not move out then it would be difficult for you only and after a period she can claim adverse possession from years.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Since the property is there in your mothers name its legal your property. You may issue a notice to her and ask her to vacate the house. Once she vacate the house you may process for the sale

Sudhindra Bhat
Advocate, Bangalore
51 Answers

Not rated

No matter for howsoever long that lady stays in your house

She is only a caretaker without any rights in the property

Moment you terminate her authority and ask her to vacate, she will be no more a caretaker and if she overstays the notice period, she becomes a rank trespasser in your house against which you can pursue both civil as well as criminal action

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Hi,

If you not serving a legal notice, then serve her letter and messages that she would vacate the home after given period of time.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

If the property has been transferred to you and and other shareholders properly as per law, then you people may orally ask her to vacate the property and give her a time period within which she should vacate the same.

Failing to comply with the demand made, you may file a suit for ejection before a civil court within the jurisdiction.

In the ejection suit you may state the reason for seeking to eject her and how she came to occupy the house property and the circumstances prevailing then etc.

You can discuss at length with your advocate and decide further course of legal action on this.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

what if she approaches the lawyer would she still have a chance to stay for a longer time. what if i dont serve alegal notice to her n wait gve her some time to move out would that be ok or risky.

As I opined you may first ask her orally to vacate the property by giving her a reasonable time to leave the house.

If she is not cooperating then you may aproach court with an ejectment suit to eject her from the property

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

1. "IF" you can PROVE that the lady was in the category of a paid SERVANT (by producing salary voucher or salary by way of bank transfer or that Lady currently files notarised affidavit that she was receiving salary for so many years), THEN even IF she keeps staying on THEN too it does not matter, atleast legally, since Servants are not classified in Adverse possession.

2. Request the Lady to give you a Notarised Affidavit, on the pretex of that you need it to file for income tax purposes. This would legally solve your problems and apprehensions.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. You should file a suit for recovery of possession to recover the vacant possession of the property. A prudent prospective buyer may not agree to buy the property which is in the possession of someone who is not the true owner, or if you manage to find a buyer you will not get the market price. So evict her from the property through a suit for recovery of possession in the civil court.

2. You are under no legal obligation to serve a legal notice on her. The suit can be directly filed.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Dear Sir,

You have following options since you are legal owner of the property along with your mother and sister.

1. You can sell the property safely to a strong person who can get rid of her forcibly since she is in illegal possession of the same.

2. You may issue a legal notice for eviction taking the contention that she is your tenant oral tenancy.

3. You may get issue a legal notice for redelivering the possession since she is in permissive possession of the property.

4. If she did not return the property then you have to file a suit for eviction or a suit for possession, as the case may be and you will succeed in the legal battle.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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