Hi,
You may file the suit for injunction for your rights
My rights on house I am living from my birth, where our family live from my grandfather living
Our house is in my father name, he is alive. But since my grandfather our ancestors are living there for takeing the property lease for more then 40 years from 1926. after that in 1975 my father register in his name as his self own earned property. when it was get register, I earned more money in stationary shop and my contribution is more in buying the property. But my father registered in his name. my great grandfather register his lease document in register office in 1946. from my birth till now(I am 65 years old now) I am living in house, my father is also with us only in the house. But now he asked me and my family to leave the house. How can I suit the case please adviseH
Asked 5 years ago in Property Law
Religion: Hindu
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26 Answers
Dear Sir,
The law says that a son does not have a legal right over the self-acquired property of his parents. However, he could claim his share if he can prove his contribution towards the acquisition of the property. Also, there is no chance for a son in receiving a share in the self-acquired property if his father has bequeathed his property to someone else, by means of a will, or a gift deed. He may be allowed to use the property on permission, but his parents are not under any obligation to allow him to live there. Moreover, a grandson does not have rights over the self-acquired property of his grandfather.
How your father registered in his self name when it was on lease or it was on lease than later purchased by joint contribution.
If you have payment proof that this much % of amount contributed by you than you can file declaration suit where court will order your ownership acc. to contribution in purchase and also issue injunction order against father not to evict you. .
refuse to leave
2) let your father file eviction suit against you
3) suit would take years to be disposed of
4) it is not ancestral property and during father lifetime you dont have any share in property
If it's a ancestral property he can't ask you to leave if the same is self acquired he can ask you to leave
Quite strange!
Is there any scope of compromise
Regards
G.Rajaganapathy Lawyer
High Court of Madras
Kindly clarify where the property is under registered lease or ownership vide a sale from the owner.
Further if the property is purchased and you have contributed towards same then you can file a suit of declaration, further if there are no proof of payment and property is in name of father you have no right.
Hello,
File a suit for possession of the property on the ground that you have contributed the amount in making the property.
Since it his is self acquired property and on paper the property belongs to him therefore he is asking you to vacate the premises.
Regards
if it is Ancestral property a son can claim his share in an ancestral property even during the lifetime of his father.
if it is self acquired then during father lifetime son has no share in father self acquired property.
1. "IF" you can documentarily prove that you contributed money for the Property, THEN you derive legal rights on the Title-Ownership of the Property and permanent "Staying Rights" in the property. ELSE NO.
2. You would also need to prove that Father & Family has no financial resources to acquire the property (if possible)
3. Point no. 1 (above) has be enforced via filing a Civil Suit in the local Civil Court, with proper and irrefutable documentary evidences & witnesses of your contentions, wherein you can get a favorable order.
No you cant file the suit on father for taking share in the property till he is alive because it is considered as self acquired property of your father.
You may refuse to vacate the property stating that you are legally entitled to a share in it. If your father takes further steps, you may arrange to file a suit for declaration of your title through a local lawyer.
Since the proeprty has been on your father's name by a registered document unfortunately nobody has any rights in the property at least not during the lifetime of your father.
Just living in tht house for a very long time will not confer any rights to you in the property, legally any case filed for staking your claim may not be maintainable.
follow up question to Ajay Sethi Answer. if I wait for my father will eviction suit against me, instead of this he write a uil on some others name or gifted this to someone what can I do.
Asked 4 years ago
See if he file a eviction suit you have to counter same and counter claim over the property has to be filed.
Also you can intiate proceeding of declaration.
If he will or gift then that person has to be added party and cancellation of same has to be filed.
your father is at liberty to execute will bequeathing property to whom so ever he pleases
2) he can also execute gift deed in favour of family member or third party if he so desires
3) will takes effect only on death of testator . you can continue to stay in said premises
As i had mentioned that since this is your father's own property, he has full rights over the property to dispose it in any manner.
Even if he is filing an eviction suit, you may have no chance to defend yourself.
You cannot question his authority if he decides to transfer this property to anyone of his choice either by a gift deed or by Will.
Therefore you may look for amicable settlement with your father so that you dont lose what he may think to give to you.
To preempt your father from doing so, file the suit for declaration immediately.
Before 6 month My father and brother came to my house while I am alone and attacked me. but they file non bailable FIR against me that I tried to kill my father for this property. Counter bailable FIR also filed against my father and brother for attacked me. i got AB and it is going on. Now i am living on the same house and my brother living in next house.Now my father stay in my brother house and and come to my house daily for taking bath and pick his dresses . My father told me that he want my another land if i didnt give he will give continuous problem to my family till we vacate. My brother tell me that he will kill my father and put in my house and will give complaint against me that i killed him because already a FIR filed against me. he threatened me and asked me 10L or my lands for compromise. for the last 6 month my family suffered a lot and having threatened life.Now my father send caveat to me reg the land in where my house is there. Now My question is that Shall i need to send caveat to him.And to file caveat how much amt will be the fee . If I didnt send caveat what may be his further step. If they attack me again or give false complaint against me again how can i save myself from that. Shall I fix a camera in front of my house. Shall My family continue living in this house or lock this house with some things and move to rent house. If I locked the house with things and move somewhere will they occupy the house . Before lock and move from this house shall i do any legal movement. Please advice
Asked 3 years ago
1) record father threats
2) install CCTV cameras in living room of your house
3) no need to bow down to pressure tactics
4) don’t lock your house
5) if they attack you CCTV footage and call recordings will help you make out a case
6) for filing caveat you have to pay nominal charges
7) contact a local lawyer
Better stoo your father to come to your house. Complain to police or obtain injuction order from court.
Dont vacate the house, stay in it, they may encroach the house. Record their threats and blackmail.
And caveat is of no use. Avoide it.
You also file a caveat against your father si that he do not obtain an exparte order against you.
The lawyer fee for caveat can be enquired from the local lawyer.
You can fix a CCTV surveillance camera at your house which would serve as an evidence.
You don't leave the house even under lock, they may break open the lock and occupy the house in your absence after which you cannot retrieve the house.
The best thing you can do is install cctv hidden camera in premises.
record your brother Threats and lodge complaint against him.
- Since, you have contributed financially for purchasing the said property , then you can ask for a share in the property
- Further, as they are creating trouble for you , then you can file suit for Permanent Injunction against them for restraining them from creating any hindrance in your possession .
- You can file the said suit against them even without informing as well i.e. caveat is not mandatory.
Yes you can do legal moment
You should install hidden CCTV cameras in your house without knowledge of your father or brother and also some cameras which are visible to them so that they stay under threat that their actions will be recorded continuously.
If there is threat to life of your family then you can move to a rented place.
Please discuss the issue with a local lawyer in person and seek his advice for taking appropriate legal steps to protect your interests.
Dear Sir/Madam,
It is suggested that leaving the house is not the ultimate option and you are suggested to submit the police complaint against your brother for threatening you by mentioning all the facts. Also, file the civil case and not the caveat to refrain your father and brother from interfering you.