Rigth to property
krazzy
(Querist) 06 July 2010
This query is : Resolved
There are three sons of my mother(in order of age):
1.me, the eldest son who has a decent source of income. (A)
2.my younger brother who doesn't earn much. (B)
3.my youngest brother who earns a handsome sum. (C)
A is staying in a house(in the name of his mother) for the past 15 years, with his
wife and two children with his mother's consent. A constructed the house and later
renovated it with his own money. A has been paying the electricity and water
connection(both in the name of his mother) bills for the same period.The mother
stays with C in a property in the name of A's deceased father who left it
intestate. The mother is in full influence of C who has a malafide intention of
kicking A out of both the properties. The mother is physically incapable of doing
anything.
A and B+C have tense relations between them
Question:
Is it possible for the mother to oust A of the accommodation by citing something
like:
"She is a widow, has no source of income and none of her sons takes care of her.
She is left to the misery of B.(Though A had earlier taken full care of the mother
both monetarily and emotionally), so she wants to gain the possession of the
accommodation in which A is currently staying with his family, to rent it out and
earn something for her survival(though actually C wants to snatch it in such a
garb)."
What defense/legal right(e.g. Right to property/life or Human Right) does A have
at his disposal to prevent being ousted of the house?
But I guess A has a right as an inheritor in the property left intestate by his
deceased father. Is it so? Kindly elaborate.
Kindly help!!
krazzy
(Querist) 06 July 2010
Kindly read it as "Right to property"
Raj Kumar Makkad
(Expert) 06 July 2010
As you yourself have replied that your right to inherit the property of your father cannot be snatched by anyone so legal position is already clear. You have already made mutual partition of the properties and you have also invested lot of amount on renovation etc. accordingly so better you file a suit for partition and possession and meantime seek injunction order from civil court against your eviction.
B K Raghavendra Rao
(Expert) 06 July 2010
Wife and children have equal share in the intestate property of the deceased. No one person can command the property as his or her own much to the loss of others.
If partition is not effected even after request, you may file a suit for partition of the property. Your mother or any body else cannot use discretion in the distribution of your father's property according to their whims and fancy.
krazzy
(Querist) 07 July 2010
Thanks Mr. Raj Kumar Makkad for replying.
FOR ALL LEARNED MEMBERS/EXPERTS
Kindly elaborate on the issue of injunction order from a court refraining A's mother from ousting A of his present stay.
What defense will A have if need be in defending the case to oust him of his present accommodation?
I suspect A my have a weaker case as:
1.A does not have the property in his name in which he is currently staying with his family.
2.A has a decent source of income so perhaps he can manage his accommodation by:
(a)either giving suitable one-time or perennial compensation to the mother and
staying in her property for as long as he desires.
(b) moving somewhere else by renunciating his present accommodation to his mother
so that she can use it for her livelihgood and survival (but in reality gifting it
to C).
