Change the locks of your house and prepare fresh set of house keys
give one key to your mother and keep other set with you
you are absolute owner of house and you cannot be restrained from entering your own house
Access to my house
Hello I built a house in 2004 in Kerala. All property is in my name. My Parents stayed at my house from 2004. My father passed away in 2022 Feb. My mother is very frail and needs to be monitored. When I visited India March 2022, I asked for my house keys. At first, My sister said they have only one set of key and they need it. I asked about other set of keys and they said "We dont have them". when I asked for keys another day, my mother said she wont give the key as I would then sell the house. I told her that I need a copy of key so that Myself and my family can stay at my house when we visit India and as she will stay with my sister my mother need not be at house just for us. My mother said, I should wait outside my house until she comes over and open the house. At another time, I asked for keys again, my mother said, she misplaced the only keys to the house and dont remember where she kept it. I searched all around and found a copy of key and in her wardrobe. I tried to get a copy of the key but none of locksmith could create duplicate key. As I had to return to work i gave back the key to my mother. Yesterday, I called my mother and sister and told them I will come and collect house keys. At first my sister told me come at 6PM next day, as she will be at her flat in another city. I told here if possible I will try to come early morning before she leave to work. I could not get in time and called my mother around 6 PM next day , as originally asked , after couple of attempts my sister picked my mother phone and said she is not in city and asked me come after a week. I am facing this resistance to get my house keys every time I ask for it and they take me for ride. I feel to access my house I cannot do it without their permission. What actions I can take legally to get set of keys to my house? Regards Abraham
Asked 3 years ago in Property Law
Religion: Christian
13 Answers
If the house is on your name and it is kept vacant under lock and key, you may proceed to occupy your house by breaking open the lock as if you have lost the keys.
Neither your mother nor your sister can object to this.
They are not giving the keys with some other intention hence before the development becomes serious it's better you jump into action.
You can make new set of keys there. They cant stop you if they change lock you can also file police complaint against them. If they further harass you then you can evict them from the house by filing eviction suit
- Since, that property is in your name , then none having his right to reside and use the said house without getting ;your consent, and further no other family members can claim any share in your self acquired property legally.
- Hence, you can break the said lock and fix another lock in the said house , and being the owner you do not need permission of others.
- Further, if they are living into the said house with you permission and not vacating , then you can send a legal notice to them for the termination of licence given temporarily.
- If not vacating , then you can file a Mandatory Injunction suit before the Court
- Further, you can also lodge a compliant before the police for the offence of breach of trust and trespassing against them, if they are not giving respect to the relation .
If the house is built by you and property papers are on your name with all title of ownership than you need to take any permission from anybody. You can open your house lock from any locksmith or break the lock and put new lock as per your wish.
House belongs to you, break open the lock and take possession. Any legal action commenced by you will delay your entry in house, let them seek legal remedy after you take possession. You can also file criminal complaint against them for unlawful restrain, but they can dispute your right over the property. Better force them to take legal action against you after taking possession. Once you have possession no one can dispose you.
You have to file a suit at the district court for establishing your title and ownership and repossessing your property, in consultation with a competent lawyer. File a petition for an order of injunction restraining the others from selling, mortgaging or letting out your property till disposal of the suit and handing over all sets of keys to you.
Dear client I am sorry to hear that but in this case you can lodge accomplant against them announce them to give you your key. Moreover you can also file for aviation if you want to go ahead with that
All through years I sent money home to my fathers account which he claimed to be used for house maintenance. After he passed away I asked my sister to provide statements of our father bank accounts, My sister refused saying she is joint account holder and hence I have no right to view accounts details. My father never told me that he made his account joint with my sister and kept sending money to his account. Is there a legal process to make my sister share my fathers bank account details? I paid my money to my father account, dont i have right to know what was done with those money?
Asked 3 years ago
On father demise intestate you are one of legal heirs
2) issue legal notice to bank not to transfer money lying in said account t to your sister
3) enclose father death certificate and request bank to freeze said account till you apply for and obtain succession certificate
4) also request bank to furnish detailed statement of account as you need to apply for succession certificate
Yes you have full right for the same
If you had sent money to your father's bank account directly then you should be having the remittance details.
Your sister can refuse to divulge the details of the account because after the death of your father the joint account becomes her own account.
As a survivor she becomes the absolute owner of the account hence you cannot force her.
If you have any claim then you may have to take it up legally provided you have documentary evidences to prove your allegations.
Dear client, legally you don't have any right to ask if there is no such agreement I place.
Please be guided by my earlier advice.