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babu lal (Clerk)     31 January 2017

How to remove my sister from my father's property have will

All Honarable Lawyers please can you advice the correct course of action that can be taken to get rid of the Problem . I have one of my sister who is married  Occupied my father's house 1 Floor completely which include my Living room , toilet and kitchen. Se was initially taking plea that she have issue with her father-in-law's house and keep staying in my parents house . Though my father several time try to drive her away, but she remain forcefully with her husband and childrens . My father died in 2010 left a WILL in my name . Which I place to lower court on 2012 for Probate still waiting for verdict. Now my question is in this Situation.How to remove her from the house ? As she is now starting to claim the ownership of the Property by the help of some Political people and Promoter locally . So to put me in pressure for selling the property . But I have 2 other sisters those who stayed in the Parent-in-law's house . She is neither a tenant ,nor she have any written confirmation from my father or anybody from us that she can stay there freely . Still can she claim the rights for Possession ? Also what is the best legal way to handle this situation to get some quick relief? Please can anybody help with advice and guidance .



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 2 Replies

Kumar Doab (FIN)     31 January 2017

It has been the stance that; A married daughter has no right to shelter in her parents’ house, nor maintenance, charge for her being passed on to her husband. 

And that: A married daughter may succeed to right of residence (in father’s home) if she is deserted, divorced or widowed.

Since probate of WILL is pending, you are abroad, she is taking advantage of situation.

 

It is vaguely remembered that; In your other threads you had shared that you are not satisfied with lawyers in India/at your location and  it was suggested  that you may engage a layer of unshakable repute.

Laxmi Kant Joshi (Advocate )     31 January 2017

As your case is subjudice let it decided in your favour after that file a case of ejection against her to vacate your house .

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