Married and working eldest sister's right
shivam
(Querist) 23 June 2014
This query is : Resolved
Dear Club,
My eldest sister(married having one male child and employed) who lives with us with her husband in our home which is owned by my parents i.e, my father and mother.My question is that...
a)My eldest sister is forcing my father(sick person)to make a signature in a white paper without my mother's concern.Can she force to make such will? Will it be lawfull as my father is unable to write anything as he is a sick person.
b)Can my mother ask my eldest sister and her husband to leave our house as my mother is a co-owner of this house to stay elsewere as my eldest sister and her husband is making our lives miserable?
c)Can we ask our eldest sister to leave our house by any legal process?
d)Can we give the share of our property to her son insted of her?
kindly help..
ajay sethi
(Expert) 23 June 2014
1) is he mentally fit? what is nature of illness?
2) your father cant be forced to make a will in favour of his daughter
3) your mother can file suit for eviction if your sister refuses to vacate the house
4) your parents can make will bequeathing property as they so desire
Rajendra K Goyal
(Expert) 23 June 2014
a) Your father may refuse, not a valid will if your father is not mentally sound. He can not be forced to make a will.
b)Yes she can ask.
c) Your mother can issue legal notice and can file suit for eviction.
d) Your parents can give / will their self earned property to any one they choose.
Devajyoti Barman
(Expert) 23 June 2014
1. A Will if executed under coercion and sickness is doubtful and not maintainable in the eye of law.
2. The owner of the house can always ask the non-owners to leave the house even if they are not causing any disturbance.
3. Yes by suit of eviction of licensee.
4.yes
Kumar Doab
(Expert) 23 June 2014
Experts have fully explained to the querist.
If you know that she and her husband are coercing, forcing to extract signature on blank paper record it (visual with audio).
This should be enough for the lady of the house and master to shunt them out and this shall also serve as evidence for future.
You need to defend your interest in the best possible manner.
T. Kalaiselvan, Advocate
(Expert) 26 June 2014
I agree with the measures suggested by expert Mr. Kumar Doab to tackle the issue. Besides, your mother being a co-owner can very well ask her to get out of the house and on refusal, she can file an eviction suit against the daughter and her own family members illegally squatted in the house.
