My niece asking to vacate her father's house
Querist :
Anonymous
(Querist) 11 May 2010
This query is : Resolved
1. I am 70 and living in my own flat in Mumbai, since year 2000.
2. I was living with my elder brother (elder to me by 15 years) in his rented house in a chawl since 1945.
3. In 1956 my elder brother moved to a different city due to his job and later in 1978 he died. His wife died soon after that. He has got 1 daughter, who is 50 today.
4. In 1956, because I did not have a home in Mumbai, instead of surrendering the rented house, my brother kept the rented room for me and since then this room is in my possession, even today. I have been paying the rent and the electricity bill, though both these documents are on my elder brother’s name.
5. Now my elder brother’s daughter is asking me to vacate the rented room. I told her to pay me something and I will vacate the room, but, she says,” My father did a favour to you by NOT surrendering the room when you were in trouble. Therefore, I will not pay you anything, because, you stayed in my father’s house for so many years, and therefore you paid the rent and electricity. Moreover, nothing comes free in this world. Uncle, in fact, when you got your own flat in 2000, you should have given my father’s flat back to me without asking”.
6. Today, I received a letter from my brother’s daughter. In letter, she said,” Uncle, I have surrendered the room to the owner of the Chawl and told him that he will get his room vacated after 30 days. Therefore, uncle, you must vacate the room in next 30 days.”
7. What should I do today? What will happen if I do not vacate the room in next 30 days?
Thanks EXPERTS for your help
Raj Kumar Makkad
(Expert) 11 May 2010
As you are in possession of the rented house since many decades so the daughter of your brother cannot surrender the aforesaid house to its owner. It seems that she has taken some money from him and thus is trying to get it vacated frm you.
You can seek stay order from civil court against such vacation.
Querist :
Anonymous
(Querist) 12 May 2010
Thanks
Kiran Kumar
(Expert) 14 May 2010
dear Sir,
one thing is there that u r living in ur own flat.
another your brother favoured you in your troubled times.
my advice to you is its better to maintain good relations with your niece rather than going in litigation with her.
its a mere rented premises, at the fag end of life one must rather keep all friends together rather than getting in litigation with brother's daughter.
its an opinion only, rest you are to decide, but one thing is for sure that in litigation you will end up wasting more than what you will gain.
