My father's sister
5 years ago
Hi .
I have a question. We are family of 2 like my father's family and my father's brother family we all stay together.. but long time a go my father's sister came home back after her marriage with her son . Without any divorce.. and still she was staying with us along with her son before 3 years she passed away.. now her son is not leaving the house.. he got his own property in Loni Pune .. but we are already big family and we are staying in 1 small room .. or hame Ghar bandhna hai but wo gharke bhar hi Nahi nikalra hai .. legally can we take him out of the house..???
NILANJAN CHATTERJEE
Responded 5 years ago
A.Since the property is undivided and also no will has been made to opt out the sister by the grandfather or the forefather in such case the sister has equal right in the property, after her death the son also has equal right in the property i.e sister's share. You need to get his share gifted to you and the other family anyhow.
Helpful
Helpful
Share
A.Dear Sir,
You may ask him to get his property from his father and stay there. You cannot put him outside the house forcibly unless your father and uncle consent for such action which may also invite criminal FIR.
You may ask him to get his property from his father and stay there. You cannot put him outside the house forcibly unless your father and uncle consent for such action which may also invite criminal FIR.
Helpful
Helpful
Share
A.You should file case for his eviction.
Helpful
Helpful
Share
pournima tungatkar
Responded 5 years ago
A.Your father's sister's son is gratitious licesnsee . You can file eviction suit against him in Small Causes court. It is not mentioned whether the house where you live is ancestral house or self acquired house of your father and uncle. If it is ancestral your father's sister has share in it and after her death her son can claim it.
Helpful
Helpful
Share
GANESH SHARMA
Responded 5 years ago
A.It will depend upon the nature of property. Is it self owned or ancestral. If it is ancestral then your father's sister share will go to her son. If the property is not self owned then in that case you can file eviction petition against the person living in your property
Helpful
Helpful
Share
Read Related Answers
Property issues
Dear Client,
Until and unless an undivided property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property, and...
Renting out property
Dear Client,
From the contents of the query, it appears that your mother-in-law does not possess any title or ownership of the property where she is now residing as a tenant paying the rent. So, in th...
Property acquire
Dear client, to acquire a co-owner undivided property as a third party the following are the requisites:
1. No Objection Certificate from the co-owners with respect to transfer of ownership i.e. title...
1943 DOCUMENT NOT YET REGISTARTION IN MY NAME
Dear Client,
When a property is left by a deceased owner without any will, all the surviving legal heirs and family members are entitled to an equal share in the said property. So, in the case of int...
Family Property
Dear Client,
When a registered owner passes away leaving a property intestate, i.e, without any will, all the surviving family members and legal heirs are entitled to an equal share in the said proper...
Read Blogs on Property
Property Lawyers
Find Lawyers by Location