My parents ( father age 79, mother age 65) owns 2 properties, they are residing in one and the other was for rental income. I and my sister are the only children of our parents, my elder sister and my brother in law has a property ( 1bhk apartment) however during the renovation of their property they request my parents if they can shift in my fathers second house ( the other house which they recently constructed to get some rental income) as that house was vacant at that time they allowed it for few months, it is now 4 years and they don't want to leave this apartment and move back, what can we do. This property is under my name and my mothers name however the funds used to construct this property was my fathers FD and retirement funds. He was government Servant and my mother is an house wife, please suggest. For last couple of years I was under the impression that my sister was paying rental to my mom, only recently I got to know that it was a lie and my parents did not want us to fight because of this issue, I have spoken to my sister she is not ready to leave this apartment nor she want to support my parents financially ( by paying rental for this property), I want to help my parents, pls suggest what can be done
Asked 8 years ago in Family Law
Religion: Hindu
We( me and my mom) tried discussing this with my sister :
1. She informed us that she will not vacate our property(2bhk) however in lieu of this property we can take her husbands property (1bhk which is of less value and is under my sisters name only) and gave us the original doc. For this property ( not all documents as their property was given, as this property was not free hold at that time) however after a while she did not keep her promise neither she is returning our house nor giving her husbands house ( which is also under her name) back to us which is half of the value.
2. After this incident, my father and mother WILL has entitled me with all the assets ( movable and immovable) and her name has been removed from the WILL however everyone is suggesting that I should either ask my father and mother to get all property register under my name or ask them to give these properties to me as under the gift deed or disown her in legal way to avoid later issues.
3. Can we claim rental from her as there was no formal documents that was signed between my mom and my sister it was a verbal discussion/promise after she was not vacating her property.
4. If we go and file a law suit for eviction
How long will it take, people say it goes on for years and we would not see light of the day, I also want to know how costly will this law suit be as my parents are retired and I have to fund this. Please help as I wanted my parents to live a relaxed and stress less life after retirement and now they are suffering bcoz of my elder sister ( her greed and her behaviours towards my parents and taking away the only financial support they had).
Asked 8 years ago
