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 in Family Law from New Delhi, Delhi
The property is self acquired property of parents ,so better thing is to settle the matter amicably with the help of your parents .
If the property is in the joint name of you and your mother then both of you are the absolute owners of the property. In this context if both of you want to evict your sister from the property then you have to file an eviction suit before the civil court. A legal notice is the first step for the same. When you send a legal notice then you got a replay from them and draft your case as per their replay.
The ownership vests in you and your mother in respect of the property that is illegally possessed by your sister and her husband, so either of you can file a suit for eviction against both of them. There is no other remedy available to you.
1) you and your mother can issue legal notice to sister to vacate the house .
2) if they refuse to do so you can file suit for eviction and also claim rentals for unauthorised stay .
3) your father should execute a will wherein he bequeaths property to his wife .
4) the will should mention that daughter will not have any share in his properties
Issue a legal notice to your sister asking her to quit, vacate and deliver vacant possession of the flat in your favour as she is staying there without payment of rent to you and your mother. If she does not oblige to your demand, then file a suit for illegal occupation of the property, seek damages and mesne profits as the same is lost now.
Your sister is in permissive possession of the property, she has no manner of right, or title in and over the said property. She is a trespasser only.
you can file the case in joint names, your mother can give you a POA so you can attend the court hearings on her behalf as well.
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 1 year ago
It is for you to accept or reject her proposal. You can issue a legal notice to her, and for the period that she remains in possession after the notice you can claim mesne profits from her. Nobody can predict the timeline of the suit but the courts in Delhi are the quickest in the country.
1) it is advisable your parents execute gift deed in your favour
2) will can always be challenged by daughter on parents demise
3) no rentals can be claimed as there was no agreement signed for giving premises on leave and licence
4)issue legal notice for eviction .daughter has no right on parents self acquired property during their lifetime
5)suit for eviction may take 5 years or more .
6) legal fees vary
Yes ask your parents to gift the property entirely to your name, that way during their lifetime you can become the absolute owner, file the suit against the illegal occupation by your sister.
A suit for eviction normally takes 2 to 3 years if filed by a senior citizen, but if you were to file the suit after the property is gifted to you, it would take easily 5 to 7 years, but at the end of the day you would get back the property from your sister.
Whether you wish to take this approach.
Don't lose time for taking an action. You have option to file eviction suit. If you ask her to pay the rent, it seems you admit her as a tenant. She will not give rent and you become trouble to answer other questions arising in between litigations.
The case will take time for getting a decree, but have got opportunity for mediation and Aadalath for settle the matter amicably.