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Q.Eviction from possessed property

Q. Eviction from possessed property

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Anonymous

posted 7 months ago

My mother and her sister are joint owners of a property which is currently occupied by their mother and sister-in-law. The house is legally owned by just my mother and her sister. Due to internal problems in the family, my mother and her sister (one is NRI and the other is OCI) would like to seel the property. They will be giving me a POA to take actions on their behalf. Their mother owns another apartment in the same area which is just as big (basically we won't be leaving them homeless). Would we be able to evict them on the these grounds?
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A. Legally yes you can but since its family matter which involve your own relative, it best to speak with them and try to resolve amicably. Probably they might agree with monetary compensation which will serve their personal needs.

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ROBERT D ROZARIO

Experience: 15 Year(s)

Responded 7 months ago

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Anonymous

Replied 7 months ago

Hi Robert, thank you for your response. We have tried to settle the matter in an orderly fashion but I believe the other parties are trying to sell off their property. Worried that they can claim they have nowhere else to go if that happens and continue to stay in the property in question. As of now there is no contract of lease or anything of that sort.

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ROBERT D ROZARIO

Experience: 15 Year(s)

Replied 7 months ago

How could they sell the property which belongs to your aunt. Do one thing, do a title search of the property and get the certified copy of the property from the sub-registrar office. If they are acting smart, get POA from both your aunt and mother and sell the property to third party. Since there's no rent/licensee agreement, they have no protection under the law. Third party buyer will throw them out.

My only concerns are that they are your own relatives. But they have an alternative accommodation. They can relocate.

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Anonymous

Replied 7 months ago

I'm sorry, I should have been clearer. What I meant was, they could sell the alternate property as it belongs to my my mum's mother and then claim in court thay they have nowhere else to stay and they have been staying in the property (owned by my aunt and mother) for years. Afraid that the court might show mercy since if they sell their house, they won't have anywhere to stay. Also I understand that it's never nice to have an internal family dispute but my mum's sister in law (who is currently residing in the property) has been harassing both my mum and aunt and essentially wants to take over all assets and its easier for her because she's brain washing my grandma and neither my mum or aunt who own the house reside in India.

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Anonymous

Replied 7 months ago

Once I receive POA and papers, I would love to have an in depth conversation with you.

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ROBERT D ROZARIO

Experience: 15 Year(s)

Replied 7 months ago

Get the POA and sell the property without their knowledge as they might take advantage of DV for a share household. If that happens then they will get court's protect and will be difficult for you to evict them.

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Anonymous

Replied 7 months ago

I'm sorry but what is DV? Also the problem with that is since they reside in that house, we won't be able show the house to any potential buyers, at least not without their knowledge.

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A. Yes you can evict them on the same grounds

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Khansaeed Pathan

Experience: 10 Year(s)

Responded 7 months ago

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Anonymous

Replied 7 months ago

Thank you Mr. Pathan.

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A. There is need to overview property documents for giving you proper advise.kindly upload documents.

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Deepak Bade

Experience: 9 Year(s)

Responded 7 months ago

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Anonymous

Replied 7 months ago

As of now the documents are with my aunt in London. I have asked her to mail me copies and I will upload the documents for further clarity shortly. Thank you!

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