Gratuitous Licensee Eviction
S Singh
(Querist) 12 November 2016
This query is : Resolved
Sirs,
The matter is that my mother-in-law wants to evict me out of her flat which she had earlier given me out of love and affection. Now she has filed case against me for that. The flat was owned by her father who died in 2005. He has left a will in her name. There is no nomination name mentioned in the building society. She has till date not probated the will.
Does she has the right to evict me?
Ms.Usha Kapoor
(Expert) 12 November 2016
Since her late father in laws WILL" is in her name your mother in law became absolute owner of the property, If she wants she can launch eviction proceedings against you.
P. Venu
(Expert) 12 November 2016
Even in the absence of the Will, she has inherited the property together with other legal heirs where as you are just a mere stranger!
Rajendra K Goyal
(Expert) 12 November 2016
You said:
she had earlier given me out of love and affection.
Reply:
You have not mentioned how she gave flat to you, orally / allowed you to live / through affidavit/ gift deed or otherwise.
You said:
He has left a will in her name.
Reply: She has right to be absolute owner of the property on the basis of will.
Rajendra K Goyal
(Expert) 12 November 2016
You said:
There is no nomination name mentioned in the building society.
Reply:
Will can solve the purpose. The fact is of no use to you, you can have no right due to this factor.
You said:
She has till date not probated the will.
Reply:
In which state / town the flat is situated? Will need not be probated except is mandatory to be probated at some centers.
S Singh
(Querist) 13 November 2016
My mother-in-law orally allowed me and my wife and gave me the keys and also orally said this to the building society secretary. The property is in Mumbai. Here probation of will is mandatory. But the will is not yet probated since her father died in 2005. Without that if other than her somebody in future from her family comes and claims then? What is the point according to law can I be evicted?
adv.bharat @ PUNE
(Expert) 13 November 2016
Oral will or gift is not accepted in court.
P. Venu
(Expert) 13 November 2016
Is this query a real one? Your profile reveals the author to be too much of a busy body in "Forum" as well as "Experts".
Rajendra K Goyal
(Expert) 13 November 2016
No legal gift if it was oral from the donor.
In the given facts you have no legal right on the property.
Society may ask for probating of the will while transferring the property.
S Singh
(Querist) 14 November 2016
Please don't doubt me, I am facing these incidents in my life. My mother-in-law has filed a suit for eviction. Property is not in her name. Can I be evicted by law?
Dr J C Vashista
(Expert) 14 November 2016
@ S Singh,
You are a licencee, allowed to use the flat, which has been revoked by the owner.
You should vacate and handover the possession and avoid payment of damages and mesne profits to your "mother-in-law", if I may believe in your statement that your problem is true and correct.
Rajendra K Goyal
(Expert) 14 November 2016
You said property is not in her name means you do not accept her title.
On the other hand you want to honor her verbal words when she asked to use the property.
If she filed case for eviction, oppose the claim on merits.
S Singh
(Querist) 14 November 2016
In Mumbai where probation of will is mandatory, how come she becomes owner without that? And if she becomes owner like that only then why is the need to probate the will?
Ms.Usha Kapoor
(Expert) 15 November 2016
UNDER THE WILL SHE HAD REMAINED ABSOLUTE OWNER OF THE PROPERTY. iF SHE WANTS TO SHE CAN EVICT YOU.
S Singh
(Querist) 15 November 2016
Then why is the need to probate will?
Rajendra K Goyal
(Expert) 15 November 2016
getting a will probated is mandatory at presidency towns / selected places, but it is better to get it probated at other places also.
S Singh
(Querist) 16 November 2016
The property is in Mumbai. The society has yet not transferred the name to my mother in law''s since past 12 years. The society still bears the name of my mother in law's late father on society record. For an eviction suit, is the will regarding property has to be compulsorily probated in Mumbai? Section 213 of the Indian succession act says something regarding that. I am unable to understand it, if you put some light upon it shall be really appreciated.
Ms.Usha Kapoor
(Expert) 16 November 2016
I stick to the same opinion as I did yesterday.
Guest
(Expert) 16 November 2016
Forget about probate of will, as you don't have any concern with will or no will. She has full right to evict you.
Rajendra K Goyal
(Expert) 16 November 2016
As advised, engage some experienced lawyer and oppose the claim of eviction on merits. In the given facts, your claim has little merits.
Dr J C Vashista
(Expert) 16 November 2016
Legally you are hitting your head with wall.
Guest
(Expert) 16 November 2016
Befittingly observed by Dr. J.C. Vashista.
Dr J C Vashista
(Expert) 17 November 2016
Thank you Mr. PS Dhingra for appreciating my observation and opinion.
Guest
(Expert) 17 November 2016
You are welcome Dr. Vashist.
S Singh
(Querist) 19 November 2016
OK I understood but she has also filed for interim royalty (rent) payment of Rs. 20,000/- per month from the date of serving of eviction notice to till date and also for current rent. I was absent for two consecutive days at Court. The Judge ordered that she will now not seek reply from me and hear the interim appl. exparte. Now what to do? I also have no place to go along with my mother and father who both are senior citizens.
Rajendra K Goyal
(Expert) 19 November 2016
discuss with your lawyer and approach for stay on interim orders.
S Singh
(Querist) 19 November 2016
OK Thanks to all of you.
