eviction
shekhar iyer
(Querist) 11 May 2011
This query is : Resolved
I was incarcerated for 2 years for a problem created by my boss. I was slapped with 420,467,471 for a forgery done by my company owner. He was granted bail within 9 months where as i was granted bail after 2 years. The story is that the flat where i am staying belongs to my sister, as i dont have any flat of my own. Because of my sister's insistance i am staying with my mother in her flat.
I am still an accused and the case is running in New Bombay court. case comes up once in six months.
The main problem is that the society commitee on their monthly meeting has proposed to kick me out of the building as i had been in Jail for 2 years.
Now the thing isi am 57, i dont have a job, a house or any way of income. Is it legally bound for the society to evict me from my sister's house. My sister is against their verdict. she wants me to stay in her house. Is the society justified, under human rights and the constitution of India, in kicking me out. Can I sue them for a undisclosed amount for torturing me mentally and making me sick man physically. I cant sleep properly during nights and i cant do anything due to this mental torture.
I want an legal advice regarding this matter. If I can be evicted then under what section or Law.
R.Ramachandran
(Expert) 11 May 2011
Even if I am Abdul Kasab and out on bail, and staying with my brother or sister in a society flat, the Society cannot have any say and they have no right whatsoever to even think of let alone actually passing any order for my eviction from the flat.
Advocate. Arunagiri
(Expert) 11 May 2011
The society has no rights to decide about the inmates of your sister.
Guest
(Expert) 13 May 2011
Dear Shekhar,
No example can be the best example other than that given by Mr. Ramachandran about your right to live in your sisters house till she agrees for that. Society has no legal right to expel you from that house. You can sue the society for torturing you.
shekhar iyer
(Querist) 13 May 2011
Thanks to one and all who answered my query. I can atleast sleep nicely. Thanks Mr. Ramachandran, Mr. Dhingra, Mr. Arunagiri,and Your advocate. Though i am strong physically and well educated engineer and a hardware person, these small things keep you mentally weak. So, for what amount can i sue the commitee. should it be like an american suing or like Indian sue?
