• Does a son have a legal right in his father's property?

Hello,

The house in which I live is owned by my grandfather, my uncle (my grandfather's real son) used to live in the house on the first floor, and we live on the ground floor. He has bought a new house, and has even shifted there. But, he is not vacating the floor in which he lived. 

My grandfather has transferred the house on my fathers name. I wanted to ask, what should be done now? Should we forcibly break the locks and throw his left out stuff or is there some legal procedure which needs to be followed, in this case.

Thank You
Asked 1 year ago in Property Law from Gurgaon, Haryana
Religion: Hindu
Which document can show the title of the property is in favour of your father's name? Is it executed by a Sale deed, Gift deed or will deed and Your father is alive or not? 
If your father is alive then he can file an eviction suit before civil court. If your father is not alive then all his legal heirs can file the suit for eviction. Forceful eviction with out court order is not advisable one . But you can but may face criminal and civil cases in future.

If there is no document is available to show the title of the property in favour of your father then file a partition suit.  
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1) how has grand father transferred house in your father name ? 

2) has grand father executed gift deed? is it duly stamped and registered? 

3) if so your father should issue legal notice to ask uncle to vacate the house 

4) if he refuses your father will have to file suit for eviction against him 
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
5.0 on 5.0
Your father can file a suit for eviction of his brother.
Since your father is real owner of the house no other person gas right of stay therein without his consent.
Devajyoti Barman
Advocate, Kolkata
5231 Answers
54 Consultations
4.9 on 5.0
1. You can not take law on your hand and can not break the lock of the locks and take possession of the area occupied by your uncle without due process of law,

2. File an eviction suit against your Uncle for his illegally occupying your property,

3. Engage a local lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
If the transfer has been made absolutely by your grandfather in your father's favour then the brother of your father has no right to reside in the property except with the permission of your father. Your father should file a lawsuit for eviction. If you break open his locks and touch his stuff then you will be amenable to prosecution for criminal trespass.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
You have to first ask him to vacate the house property and handover vacant possession, if he refuses, you file an eviction suit seeking his eviction and also directing him to pay the rent till the time he is not vacating the property. 
Dont rush up with hasty decision to break open the lock and throw  away his properties lying in the hose, he may file a criminal trespass and theft case against you. 
T Kalaiselvan
Advocate, Vellore
14077 Answers
127 Consultations
5.0 on 5.0
Hi, your father has  to file a suit for possession of the property in respect of first floor of the property as your uncle has occupied the property by illegal way.

2. After obtaining the decree you can take the possession of the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) you can't break the lock of your uncle room and throw out his furniture . You have to follow due process of law 

2) police won't interfere and remove your uncle belongings 

3) yiu won't lose eviction suit as your uncle has no rights on said house 

4) you  can issue legal notice before filing eviction suit

5) you  can construct additional floor on the house as you are absolute owner of the house 
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
5.0 on 5.0
Hi, if you don't go for filling a suit then issue a notice to your uncle to vacate the property and deliver possession to you  and if he agree then ok or other wise you have to file a suit.

2. Or else tried to settle the matter amicably.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. My uncle was just living there, since my grandfather allowed him to and their is no proof that the he lived on that floor. He neither was paying any rent nor does he have a legal right, since the house is under my fathers name now.
Also, he just has some old cupboards and a television and some really old furniture lying in the floor in which he lived. The floor hasn't been opened for roughly a year and he doesn't even come for any maintenance. 
So, why can't I just break the lock since, it is my property? 

You have been advised that it is an illegal act, further it is your choice. 




2. Me and my family don't want to proceed to filing a suit since it is a family matter, we will if, need be. But, I want to ask if there is any way by which without going to court we could break the locks. I have heard about some police procedure which could be followed to vacate the house. Is their anything like that? If there is, can i not use it? 

You are getting lot of advises out of the legal frame but none will protect you if he is taking a legal action against you. 




3.If an eviction suit is filed, is there any chance that I might actually loose it and the court may order against my decision and allow him to retain that floor?

If you have proper title documents and merits in your favor you will certainly win the case.





4. Can a legal notice be served to him? Will their be a punishment if he doesn’t obey court’s orders?

Yes, you can issue a legal notice on hi. If he is not obeying court order, he will face the music of law. 




5. I am building another floor on top of the first floor, I hope their is no problem with that and, this won't be a problem by any means, if I file for eviction. 

This is irrelevant to the eviction suit





6. Is it better to file a possession suit or an eviction suit?

Eviction and possession.
T Kalaiselvan
Advocate, Vellore
14077 Answers
127 Consultations
5.0 on 5.0
Me and my family don't want to proceed to filing a suit since it is a family matter, 

If your intention is like wise then throne out the articles of uncle and occupy the building immediately and paint the rooms and use it or rent it out to others
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
You just cannot break open the lock as he is questioning your title to the property. Police has no authority of law to intervene in a dispute of this nature. Your remedy is only before the court. A legal proceeding before a court of law teaches you to expect the unexpected, so you can always lose. The legal notice can be served to him, albeit there is no need to do so.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. Breaking the lock put by some one in a premise is illegal with out due process of law, even if the Title of the property belongs to you. No lawyer should give you advise to commit an illegal act. Act as advised in my earlier post,

2. Police cannot break anyones lock without Court order. Either get the lock removed by your Uncle amicably or get it removed as per Court order,

3. If you think that you will loose eviction suit then how can you think of breaking the lock and evict him illegally without due process of law?

4. Legal Notice is not Court order. You shall have to erv him legal notice before filing eviction suit,

5. Since, the house belongs to your father, there should not be any problem in constructing additional floors legally even if yiu file eviction suit,

6. Eviction suit shall have to be filed against your Uncle.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0

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