You can stay if you are a legal heir in the same without anyones approvel
Questions on living in house
My father built the house in Kerala in 2004, using my brother's money as he did not have the means to do it. My brother owns the land and property fully. No inheritance is involved. My brother is NRI and works in UK and he only comes once in 4 years. Our parents stay at his house since beginning. My parents don't own any house or land of their own. We are four siblings. Eldest sister married and in Dubai since 2003, I am the second, then brother in UK who has built house and then youngest brother is also in the UK. Myself and other siblings spend our holidays with parents. My brother from UK sends money to my father's account which is used for house maintenance. Our father passed away a year ago. Our mother is 81 and is very frail and needs to be monitored. I work in another city in Kerala and come and visit parents every week and help them with their necessities and go back to work. I come and stay with parents in my brothers house for all holidays since 2004. I have been taking care of parents and all their needs. I am 51 and divorced and have no children. I am retiring soon. I work as HOD in one of reputed private higher education college in Kerala. As I am approaching retirement I want to settle into my brothers house, this has been my go to place since 2004. However my brother does not want me in his house. He is asking me to make my own arrangements elsewhere. I want to live in this house as it has a lot of memories. My father built the house all paid by my brother from UK. Can I claim that as I don't have any family or husband and have nowhere to go and so I want to settle into my brothers house. Can my brother evict me from his house once I move in? How can I legally stay in the house I have been using for 18 years even if my brother does not approve of it?
Asked 3 years ago in Property Law
Religion: Christian
12 Answers
You dont have any rights to stay in said house owned by your brother
2) if you forcibly occupy the house brother can issue you legal notice to vacate the house
3) if you refuse he can file suit for eviction against you
4) suit may take some years to be disposed of
- If said property is registered in the name of your brother , then he is the absolute and legal owner of that property and none having right to claim during his life time.
- Hence, you cannot live in the said house against the consent of your said brother .
- Further, as your father is also died then it cannot be proved that he has invested his amount for the construction of the said house.
- Hence you can settle the dispute with your said brother who is the owner of the property to give permission to reside into the same.
If you are using his house and can prove by producing any your personal legal documents on that address from last 18 years than you have chance to claim through adverse possession to stay in the house.
You admit that it is not your house and also admit that your brother only funded for purchase and construction of this house property, your sentimental attachment to this property will not entitle you to have any share in the property as a right.
Since you are likely to retire from your employment, you may either buy a small house out of your terminal benefits or better rent a house and stay there instead of creating problems for your brother as well as you.
However if you still want to claim a share in the property, you as one of the legal heirs to your deceased father, can file a suit for partition seeking division of property and to permit you to live in that house till the disposal of the suit for partition without interference of your brother, because this property was purchased on your deceased father's name and not on your brother's name though he had fully funded for the purchase of this property.
Let him prove the facts before court and retrieve his property if court is passing a judgment in his favor, which would be very difficult.
Dear Client I am sorry to hear that but the property belongs to your brother and there for he has Alright over the property and he can easily effective from his own house. Or over you can also try to convince your brother from her to let you live in his house
Brother owns land and house constructed through money paid by said brother. Legally you have no right to reside in the house or claim any share in it. Under Christian law of succession governed by Indian Succession Act, after him (God forbid) will devolve on his lineal descendants.
Once I retire and start staying at my brother house without his approval, I would have retired and I will not have income and I am single woman with no other place to go. Can my brother still evict me legally?
Asked 3 years ago
Your brother is absolute owner of house
he can evict you as you are trespasser staying in said house without his consent
No he can't if you are a legal heir
You are a separate individual with an employment source of income.
You cannot be a dependent on your brother for any reason.
You cannot claim any rights over your brother's property including residential rights.
If you forcibly occupy and stay in his house against his willingness then he can legally evict you.
Yes
- No, he cannot evict you if you not having any income source , and being the blood related your brother is under obligation to maintain you .