Family
3 years ago
I have an bachelor uncle (78 years old) who resided with us since 31st july 2020 since beginning, from 1st Aug'2020 he left our house by provocation of one of his son in law, who already cheated all his savings for his own business purpose, (complaint already lodged against him in local P.S.) subsequently admitted the old person in a old age home with strict written objection for not allowing any visitor & on 7th Feb'2020 himself dies. On leaving our house the accused son in law & my uncle both gave written declaration in local police station that they are leaving house. Later my uncle filed a khorposh case against me but before presenting themselves before court the son in law dies & the due monthly payment of old age home stopped . Now the old age home authority ringing me for clear the dues or else they will hand over my uncle to our residence. My question is this can they do it when there is a litigation case between me & my uncle ? Please suggest. Please remember our house owner is my uncle & he already did a will (unregd) in favour of me.
Ankur Goel @ Complete Law Shield
Responded 3 years ago
how it is "our house" when its on name of uncle ?
will can come on force only on death of person and till then it can be changed anytime.
he can come to his own house anytime.
Sidhaarth
Responded 3 years ago
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Since he is the owner of the house, he has all the rights over it and as the property had been vested in your favor through the will, you are responsible for his maintenance, even though the court proceedings are going on.
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If he's the owner of the house, he has all the rights to live in it whenever he wants to, and even though a will was executed in your favor, it will come into effect after your uncle's death. Even though the litigation is in process, your uncle can reside in the house and you don't have any right to stop him.
Since he had vested his property in your favor, you're bound to maintain him and his property.
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