Mother can issue legal notice to daughter to vacate premises
2) if she refuses file suit for eviction against daughter
3) she can also execute will bequeathing property to whom so ever she pleases
Can I evict my daughter from my Havali?
Hello! I am the grandson writing this for my grandmother who is having complications with her daughter (my aunt). My grandmother lives in the United States with me currently but my aunt has taken presence in my grandmother’s Havali in India. My grandmother has told her countless times to leave the Havali but she has refused to the point where she is refusing calls and leaving threats if we try to intervene. My aunt keeps claiming that since she’s made renovations to the Havali (without consent from my grandmother), the property is automatically her’s. So my question is what is our legal options? Can we evict her and her family that lives there? We can’t even sell the Havali because they continuously prevent this. Let me know if there is a way to evict them legally. Thanks. You can email me as well at [deleted]
Asked 2 years ago in Property Law
Religion: Sikh
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9 Answers
You can make gift deed on your name from your grandmother.
Make registration here in India. You and your grandmother has to come in the India.
Or you can make POA on your name, in front of Indian embassy in the USA. And send here copy for registration in India in sub registrar office
As the property belongs to your grandmother your aunt is merely living there and that too forcibly. She can be and should be evicted.
A suit and a criminal complaint against her must be filed.
there is no other option but to file an eviction suit
the aunt is a trespasser on the property
begin with a legal notice
mark that legal notice to the local police as well
- Since your grandmother is the owner of that Havali , then she having her right to evict her daughter from her property legally , as the said daughter cannot live without the consent of her mother.
- Further, parents can evict their child from their house due to mistreat and not obey to them
- She should send a legal notice to her daughter for the termination of the license which was allowed her to reside in the property temporarily .
- If no response then she can file Mandatory Injunction suit before the court for evicting her daughter .
- If she is living in US , then she can give POA to any relative or nearest one for engaging a Lawyer for contesting the case.
If her daughter is living there without any rights then she can be ejected.
The owner i.e., your grandmother can first issue a legal notice instructing her to vacate the premises and deliver vacant and peaceful possession of the premises.
If she is refusing or not complying with the demands made then she can file a suit for ejectment to eject her from premises stating that she is an illegal occupant or a trespasser living in that property without any rights or interest. She can file the suit through a general power of attorney too.
Hi,
She can be evicted as your grandmother is the sole owner of that haveli and she can do whatever she wishes to do. Although the aunt spent money on renovations, it is her fault as the consent was not given by your grandmother. You can send an eviction notice directly now.
Thank you.
Renovation done by the aunt without the consent of your grandmother would not be considered by any court in India.
In order to to get her out of the property, you will first have to serve a legal notice to her asking to vacate the property within 15 days of the receipt of the legal notice. If she fails to do so, file suit for ejectment against her, not eviction as she is not your tenant, but an oral ex gratia licencee
Yes you can evict her legally. There are provisions in law for the same. If you need any further assistance then you can approach me through kaanoon or LinkedIn.
