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Kumar (Family CEO)     07 April 2012

Can son in law stay in father in laws property and claim rig

Question presented is - Can father-in-law who owns house kick out son-in-law out father  in laws property ?  In other words, can son-in-law who has been living and earning a living from father in laws house to support himself and his kids, claim any form of tenancy. Son-in-law has paid cash to father in law to build the part of the property where son-in-law lives and works.

Need a Chennai based property expert lawyer to prepare deeds/agreements. Will pay upto Rs 1 lakh as attorney fees if you can get the job done.

Email: reachkumaradam@gmail.com



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 6 Replies

Manav Kalia (Arguing my own cases..)     07 April 2012

Only if you have any documentation of the cash payments, not otherwise..

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     07 April 2012

Dear Querist, 

Son-in law has no right/title or interest over the property whatsoever. He is merely in permissive possession and can be ousted out of the property at your whim and fancy without much troubles. As regards his contribution to the construction costs, that does not make him an owner and not a tenant certainly. 

Feel free to talk with complete facts !

Kumar (Family CEO)     09 April 2012

Dear Ld. Advocate Bharat

I intend to retain your services for protecting my rights. I will send you a separate email. My intentions are to peacefully live in FILs house and earn a living. 

Regards

Kumar

Masala Seth (Labour)     12 May 2012

My father is the elder son and member of the family which comprise of 3 sons and 4 daughters (7 in all ) out of which one has died long back leaving back two son and a daughter. The property is tenanted buildings in Mumbai. My grandfather died in late 1990's and grandmother died in late 2000's. There was no will as such. The property is stiuated on the land where the society is the main owner of the land who has given the land to my grandfather on lease for a long long period (i cant mentioned for how many years). My Uncle had the posession of the grandfathers flat and he used to stay with them. Can he alone be declared a Owner or Nominee of the property without any will. If there is any Will, then it should be probated. which is not done and declared by Honorable High Court in one of its order. The society had illegally made my Uncle as the Nominee of the said properties and he has been extracting rents and transferring immense amount of flats/rooms. I dont understand how can a society accept any Nomination Form without the NOC from other legal heirs. my parents had visited the society office and they told my parents, do what u want to do by law and court. we cannot change the nominee name and cant get the status quo  in the records. There is Injunction order on the said property and our rights are protected,but still uncle had gone ahead with selling both the buildings and also transferring all the tenancy rights in the suit properties. The builder as well as all the respondents are in breach of the Injunction order. I wanted to know can a society accept one legal heir's Nomination form and declared him as nominee where as my father had been declared the owner of the property as well as the land in late 1970's through LIS PENDENS. Is it necessary for any society who give lease to lessee to accept the nomination without the NOC of other legal heirs ? My Uncle has presented a fake will in early 2000's which is not probated.... neither is he giving any details of the rents as well as transfer made in the suit properties. The tenants have brought more than 1 room/flats in the suit properties as the properties are prime and in vicinity of all amenities. Can any Tenants have more than 2 rooms/flats on the suit properties where a Injunction order has been passed in early 2000's ? We on the other hand donot have any possession of single room/flat in the suit properties.My father has 2 kids who are of married age and also parents are nearly the senior citizen age. we donot have any proper source of income either . What can be done in this case to gain the posession of atleast 4-5 rooms for ourselves and family members also a shop which is given on rent on the outskirts of the suit properties for having a small business for our living..... Experts please help me and let me know if anyone need any more information ?

Masala Seth (Labour)     12 May 2012

The suit properties have fully been given to illegal,occupants and tenants. Presently there are no single room/flats available for us. How can we claim our possession for the rights of our family and its members ? Can we get the tenants evicted in the present suit  of partition which is pending before Honorable High Court  through Affidavit or anything else ? 

Masala Seth (Labour)     12 May 2012

Whats the Implication of BMC Act in SECTION 354 in such properties which are under the suit in Honorable High Court ?The properties are lil old  but in good condition except one building. Both are more than 45 years old structure. What happens if the tenants alongwith respondents and builder use the tactics of Section 354 of BMC act to get the structure demolish where the matter is pending before the court ? Can the petitioner stop the BMC from taking any further steps in such case to avoid Section 354 of BMC act ?BMC and other concern offices have legally been served with various notices and complaints from the petitioner since late 1990's, Is there any way to stop all the concerned govt offices to take any action as the matter is pending before the Honorable High Court ?


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