Property Issue - have house in Bangalore Property Issue - have house in Bangalore

1 year ago

We have house in Bangalore, It’s on my fathers name. My father’s sister is trying to sell the house. She adopted me when I was a kid. My father recently passed away. She and my father’s younger brother(uncle) they stay in the house for the last decade, They have the registration papers with them, I am sure the property was on my father’s name.I want her to vacate the house. How do I do it!! Give me some suggestions please

Abhimanyu Shandilya

Responded 1 year ago

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A.Dear Client

When you got adopted by your father's sister then you lost all your legal rights in the biological father's property and subsequently you got rights in the properties of the your adopted mother.
I don't think that legally you have any right on that property to take any legal action.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 year ago

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A.Hello sir,
You can't claim whole property but your entitled property you can claim that. As per the Hindu Succession Act 1956, your elder sister being a class I legal heir is entitled to claim her share in the property if these belonged to your father, unless she has been deprived of her entitlement by virtue of any effective instrument.
Thank you
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Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Simi Paul

Responded 1 year ago

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A.Hi client,
You can file an eviction suit against them.
But that you would require the property papers. If they are willing to give the same, you can get a certified copy.
You can file a matter on sec 144 and 107 crpc against the said property.
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