My mother (64) years had been living in her father’s property since 10 years. NRI Maternal uncle 8 years ago got property under his name on my granny’s deathbed. Now after 10 years NRI uncle came in from Canada and asking to vacate the property in 15 days. Me, my wife and mother are here since ten years and have been paying all bills from our bank accounts. It’s not even possible to move and rent a place all of sudden in city like Delhi. Uncle says to my mother that he will compensate after the property is vacated which I doubt. I have a 6 years old son and family and seems impossible to vacate like this. Being a NRI what powers do uncle have? And what can I do to get may be 3 months time or to get mothers compensation sooner? Shall I file harrasment complaint against the NRI uncle, as he had been forcing my mother a lot since a week now?
Mother should file suit for partition claiming equal share in property
2) seek orders to set aside fraudulent gift deed executed on mother death bed
3) seek injunction restraining uncle from dispossessing her from said property
4) seek injunction restraining sale of property,creation of third party rights by uncle
Sinc your uncle is apparently the owner of this property, you all are licensee under him and hence can stay or enjoy the same only for the priod he wants.
Now since you are in physical possession of the same it would not be easier for him to get it vacated from you either.
The legal recourse to do so would need more time than you want at present.
So ask for time what you want which your uncle would surely give or would be forced to give.
For compensation settle the same amicably as you have no right to claim it.
Your mother can file a suit for permanent injunction restraining him from forcibly evicting your mother and her family from this premises other than by due process of law.
She can also demand her rightful compensation to be paid before vacating the premises.
He doesn’t have any special powers being nri only regular powers of citizen which you have . he can only go for eviction proceedings if he is absolute owner of the said premises
Dear Client,
In the event that your grandfather died intestate, or without a will, your mother, your uncles, and your grandmother will all inherit an equal portion of the property as class I legal heirs. A daughter has the same claim to her father's belongings that a son has, following the Hindu Succession (Amendment) Act of 2005. She may therefore submit a claim for the aforementioned property. In the event that your mother feels that she has been denied her rights, she may question the will or the way her parents' property is divided.
Hope this answer proves beneficial to you.
Don`t vacate, nothing will happen. NRI got no special rights.
- As per law, after demise of your maternal grandfather / grandmother , the property will be devolved upon all legal heirs equally i.e. your mother also having a share in that property
- Further, if that property was in the name of your grandfather , then your granny’s was not having right to transfer the said entire property i.e. others share to your said uncle.
- Hence, your mother can file a suit for Partition & Permanent Injunction against the said uncle before the court for getting her share and to restrained uncle to evicted you from the said property, on the ground that your granny’s was on deathbed.
You can contact me, if further suggestion needed.
