Civil Procedure Code (CPC)

Poperty Ownership

This query is : Resolved 

Querist : Anonymous (Querist)
20 November 2010

Dear Friends - I need ypur help !!!!

I stay with my younger son who owns that house and allowed to stay my elder son & his family in house (since last 4 yrs) which is owned by me.

But on demise of my elder son, daughter in law went to her parent’s home ( mika) keeping house in her custody with lock & key.

Daughter in law is asking to transfer the house on her name for which I am reluctant

If I brake the lock & start using my house, what would happen?
How to face if she complains against me with false statement ?
What is the way out?

Thanx & regards,

s.subramanian (Expert)
20 November 2010

you demand the keys from her by issuing a legal notice. you can also inform her that on her failure to do so,you will be contrained to break open the lock and take possession with appropriate orders from court. If she does not respond positively,you approach the police and lodge a complaint against her and seek necessary action. This will be preventive measure to protect yourself from any false complaint against you.

Querist : Anonymous (Querist)
20 November 2010

Thank U Mr S Subramanian on quick respose.

1) If I issue legal notice, will it give her strength to prove her possession ?
2)Further If I take order from Court, will court take soft view in her favour being lady & widow as she may make drama that where she would go ?

Kirti Kar TripathiOnline (Expert)
20 November 2010

i fully agree with Mr. Subramanian.

Devajyoti BarmanOnline (Expert)
20 November 2010

If that house belonged to your son then you along with your daughter in law or grandchild , if any, are equal share holders. It further appears that you were in possession of that property for some tme after the death of your son. In that circumstances I would advise you that if you make a forceful entry to that house , you make sure that you lodge a complant to the police and file a civil case before the court of law for partition and iinjunction so that no opportunity left to your daughter in law for filing any flase cases.You have to allege that it is your daughter in law who tries to forcefully evict you and tries to transfer the property as well.

malipeddi jaggaraoOnline (Expert)
20 November 2010

YOu say that you allowed your elder son and family to stay in the house which is owned by you. Whether it is self-acquired property or ancestral? If itis self-acquired property of yours, your daughter-in-law can not stake any claim and u r required to deal with only problem of eviction. If is ancestral, your daughter-in-law and children have the rights over the property.

Uma parameswaran (Expert)
20 November 2010

Under Domestic Violence Act She can claim the right to residence that you could not stop.

Sri Vijayan.AOnline (Expert)
20 November 2010

Mr.Barman is right

Khaleel Ahmed (Expert)
26 November 2010


O. MahalakshmiOnline (Expert)
07 December 2010

MR.Barman is Right

Advocate. Arunagiri (Expert)
07 December 2010

I agree with Mr.Barman.

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