Hi,
I am 30 years old. After living in a 1BHK flat for more than 22 years in a town in Gujarat, my father, my sister and my step mother shifted in a 2BHK flat in 2012 - which was co-owned by my father and me(I was working and living in Pune when they shifted). Unfortunately, my father passed away 8 months later. He had made a will through which I am now the sole owner of the 2BHK flat(now registrated solely in my name). The 1BHK was owned by my real mother, who had transferred the 1BHK in my name through society certificate(Old properties were not registered, ownership was through society certificate).
I had booked a flat on loan in Pune in 2012 where I am presently living with my younger sister.
When my father passed away in 2013, I got the 1BHK flat renovated according to my step mother's wishes as she wanted to move there. Later she said that she would move there only if I made her the co-owner of 1BHK flat, for which I denied.
When I requested her to move from 2BHK flat to 1BHK(both 1km away), which is sufficient for a person living alone, she filed a case with the local court seeking her right to continue to live in the 2BHK flat. The court has passed an order in her favour, asking me not to move her.
I want to sell the 2BHK flat, which is of much higher value than the 1BHK flat so that I can use the funds to repay my home loan, as well as for the expenses of my marriage as well as my sister's marriage.
1. Is there a clause under which I can move step-mother from one property to another?(both of which are owned by me)
2. Can my step mother claim the ownership of 2BHK flat under "adverse possession"? If yes, how can I avoid that?
Thanks.
Asked 8 years ago in Property Law
Religion: Hindu
Thank you everyone for the advice.
"Probate of the will" has been obtained, on the basis of which the flat has been fully transferred and "registered" solely in my name with the govt. authority.
Sequence of events:
a. Probate of the will was obtained, on the basis of which 2BHK flat was registered in my name. My father's will states he wishes that my step-mother is allowed to live in 1BHK flat, which was already transferred to me by my real mother by way of society certificate(no registration of old properties).
b. My step-mother challenged the probate in the court, to which the court ordered that there was no reason to revoke the probate. This is an interim judgement, final judgement is still pending.
c. My step-mother filed a case asking the court to allow her to stay in the 2BHK flat. I submitted the probate and Index-2 of 2BHK flat suggesting that 2BHK is in my ownership. And that I am happily allowing her to live in 1BHK flat.
d. Court mentioned in the judgement that although I am offering her 1BHK flat to stay, but that is "not the subject"/"not in scope" of this case.
e. I approached the district court, but the judgement was the same.
I have a few questions w.r.t. above:
1. If I did not approach the high court for above mentioned case, as it would be expensive, will I be at a disadvantage?
2. When I file the case for eviction of said property, will the above judgement(which has ordered that she can live in 2BHK flat) be binding in future?
3. Since she had challenged the probate(for which her appeal was rejected - final judgement is still pending), are there still good chances of eviction?
4a. While filing the case for eviction, what would be the court fee? Do I need to pay the court fee for eviction,
4b. If the court fee is to be paid, is it to be paid on the value of 2BHK flat or 1BHK flat or difference of the two flats?
5. Please suggest if there is a reference to a similar case in High Court or Supreme Court. Giving a reference would make my case much stronger.
Thank you again for the help.
Asked 8 years ago
