Re: unlawful possession????

Querist : Anonymous (Querist) 18 November 2011 This query is : Resolved
Hello Sir,

I need your expert guidance on the following matter...

1. My father made a registered will before passing away that entitles me as a sole owner of a 1BHK flat in Mumbai. He passed away in 2004. I did not try to approach the Registering Authority to have it transferred on my name. So, the title still belongs to my late father since 2004.

2. I gave this flat to my son-in-law to live gratuitously.

3. No papers were made. My SIL paid the society maintenance dues since acquiring the said flat.

4. Now, I request him to vacate the flat but he approached the court and got an interim stay on the flat.

5. What can I do to get this flat back?

Please advise me appropriately!

thanks

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Querist : Anonymous (Querist) 18 November 2011
continued...

My SonInLaw has his passport and other legal identities on that address. He says that he bought this flat from me. But there are documentation to prove that.

He is in possession since 2010.

Please advise...

thanks again...

Advocate. Arunagiri (Expert) 18 November 2011
You have permitted him to live there. so, you can file a eviction petition treating him as a tenant.

Without any document he cannot claim himself as the owner of the flat.

Kiran Kumar (Expert) 18 November 2011
rightly advised by Adv. Arunagiri...

present him as a tenant and seek his eviction...mere passport or other legal ids will not make him the owner of the property.

if there is already a registered will in your favour then get the mutation done in your name in registrar's office.

Querist : Anonymous (Querist) 18 November 2011
Its been 7 years since my father died! Until when can i get the property transfered on my title?

Devajyoti Barman (Expert) 18 November 2011
Yes file a suit for eviction but not treating him as a tenant but as a licensee.
The tenant has certain rights over the tenanted property but the licensee does not have so.

In the meanwhile take probate of the Will.

Advocate Bhartesh goyal Online

(Expert) 18 November 2011
Mr Barman is absolutely right.Your son in law is licensee and not a tenant so file suit for possession of the property also get the probate of will from court.

Shailesh Kr. Shah (Expert) 18 November 2011
you are advised to follow advised by Mr. Barman.

prabhakar singh (Expert) 18 November 2011
Mr. Barman has provided you right solution.
Act accordingly.
Engage a lawyer.

ajay sethi (Expert) 18 November 2011
the 1 bedroom flat must be in a cooperative society . did you make an application for transfer of flat in your name as you are the only legal heir .
the society shall transfer the falt in your name if you are the only legal heir . if society is not transferring then

apply for probate of will . then take legal proceedings against your son in law