Hi, My mother has a property registered under her name and this property has two floors.My father has rented the above floor to a family without my mother's consent and he signed an agreement with the tenant for an year.My mother wants to live on the above floor away from my father because of regular disputes but the tenant has refused to vacate the house even after giving them a 30 days notice that she is the actual owner and wants the property to be vacated.While all these disputes she called the police to check if she can get her property back.As per police my father has full right on the property because he is her husband and if he has given the permission to tenant then she has to accept it and cannot ask them to leave. Please advice what action we can take in this scenario as it has created a huge family problem at our place. Somebody says file tresspass section Section 441 of Indian Penal Code, somebody says file an eviction suite in court & it will take 7 years somebody says my father has full right on property. Please help
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
1) it is ridiculous for police to say that husband has full right to give premises on rent without wife consent
2) only your mother has right to give premises on rent
3) if inspite of legal notice tenant is refusing ti vacate your mother should file eviction suit against trespasser
4) in addition police complaint of criminal trespass is also maintainable
As per the registration act the title holder has the absolute ownership in the property .So your mother is the owner and your father has no right over the property when she alive.You can't forcefully evict the tenant .So better file a eviction suit under rent control act will institute against the tenant is the best choice.
1. It is purely a civil dispute and irrespective of version of Police it can do nothing to oust the police.
2. Since the tenant was inducted before which you knew but did not protest such induction so the law will presume that the tenant was indicted with your consent.
3.Anyway being the owner of the proeprty you can require the tenanted proeprty at any point of time.
4. Hence send the tenant an eviction notice and then file an eviction suit.
5. Only by winning the eviction suit you can get back the property and till that time you have to adjust.
What police has told you is nonsense. If the title of the property vests in your mother then she alone could have leased it out. Unless your father had a Power of Attorney (POA) in his favour executed by your mother he could not have leased the property. The remedy for your mother is to file a civil suit for eviction of the tenant in the civil court. The civil suit will take around 2 years or so if the case is in Delhi. Simultaneously a criminal complaint for house trespass can also be filed against the tenant.
Another question.. in 1998 my mother became the owner of the property through power of attorney.. my father still have the receipt in which it is stated that he had made the payment.Now during the dispute he constantly says its my property and i paid it and named it on my mothers name.This property was then registered last year under my mother name where he paid nothing..my mother is the sole registered owner of this property since last year ..prior to that she had power of attorney...Does my father can still claim his right over this property as he constantly threatening her about the receipt ( these receipts has details about the payment and sign of the original owner with a revenue stamp) Some people says its her stree dhan once the property is under her name and some says that he does hold right....Please help .thanks in advance
If your father had made payment he can file declaratory suit that he is the owner of propertyas full consideration was paid by him and only for sale of convenience bought in mother name
2) your mother defence should be that property was bought in her name for her benefit and her husband cannot claim ownership of said property
As per police my father has full right on the property because he is her husband and if he has given the permission to tenant then she has to accept it and cannot ask them to leave.
The statement of police is incorrect, They are ignorant of law.
They do not have power to interfere in civil matter. This statement by police is out of their sheer ignorance of law. Since the property belongs to your mother, she has full rights over it, your father cannot lease out the same on rent, your mother can approach court for eviction since the tenant is having a legally valid agreement no doubt executed by an unauthorized person.
Somebody says file tresspass section Section 441 of Indian Penal Code,
Trespass law will not be maintainable since the tenant is having a valid rental agreement.
somebody says file an eviction suite in court & it will take 7 years
An eviction suit will not 7 years, it can be disposed within two years also. But this shall be the only remedy to remove the arrogant tenant from the site.
somebody says my father has full right on property.
Incorrect. Your father ha no rights even for handful of mud from the property. Your mother shall be absolute owner as per law.
Another question.. in 1998 my mother became the owner of the property through power of attorney.. my father still have the receipt in which it is stated that he had made the payment.
Ownership of an immovable/house property has been held as illegal and invalid by a ruling by supreme court of India. She cannot be an absolute owner, she can execute a registered sale deed in yor favor if she is still just a power of attorney holder. Your father's gimmicks that he has funded for the purchase of property cannot be acceptable in law and his claims are invalid.
This property was then registered last year under my mother name where he paid nothing..my mother is the sole registered owner of this property since last year ..prior to that she had power of attorney...Does my father can still claim his right over this property as he constantly threatening her about the receipt ( these receipts has details about the payment and sign of the original owner with a revenue stamp) Some people says its her stree dhan once the property is under her name and some says that he does hold right.
The law recognises the property on a married women as her own and absolute property. The law specifically mentions that it is not required to establish the source of income for the women to purchase the property. Mere registration of property on her name shall entitke proper and marketable title on the married woman and it cannot be disputed by anyone on any basis. The benami transaction on this also has not been held valid.
Dear Concerned,
Your mother is the owner of the property and hence she can take any decision she wants. Your father can not claim ownership on the basis of the receipt of payment he made as that would fall under benami transaction.
Your mother can file an eviction suit and this eviction suit should take a maximum of 2- 3 years.
For further discussion on subject and for free consulting please feel free to contact.
Best of Luck
