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mehul b. desai (none)     11 January 2010

Illegal possession in house

We have a problem with My dad's sister who is illegally living in our house from last 1 and half yr. which was brought by my father from my grandfather 20 yr ago and

it's clearly not an ancestral property and we have all legal proofs related this.
 
My grandmother was living in this house from last 15 yrs. and that's the reason that we hadn’t tried to sell the house.
 
 Before 1 and half yr when she was suffering from many problems due to her age my dad's sister who is widow and has no children’s, voluntary came and offer that she
Would stay with her mother (my grand mother) and after her, she would return to her home.
 
Because my father is heart patient who had paralytic attack before 10 yrs. and mother is working in private firm, there was no body at my home that we can go to mentioned house and took care of grandmother.  We paid all the expanses related to my grandmother.
 
Here is important to mention that after a paralysis my dad
was not able to continue his job he had to taken voluntary retirement before 10 yrs. and since than none of dad's any sister has close relation to my family.
All the bank balance of my grandfather's were distributed within all 5 sister of dad's
without even informing my dad or
any family member when my grandfather died before 8 yrs.
 
My grandmother passed out before 5 months ago, my dad's sister first ask for some more months to stay and after 3 month she informed us that she is not leaving that
house. After many discussion we contacted one frnd who is lawyer he suggested to give her notice to leave the house within a week.
The lawyer was sure that because the property is not ancestral, and was legally purchased by my dad there would be no court case and within a month
the house will be in our possession.
 
But when we gave notice as per lawyer advised .. There was a reply from her lawyer that they are not going to leave that house and the most
Irritating this was they blamed us that my father had done cheating and he got the signature on stamp papers by cheating.
 
Right now we are ready with other notice, but somehow i know that they will again reply with same kind of answer and i think their plan is
to make this case court matter and try to extend this as long as possible so till then she could stay in that house.
 
But we are now defiantly want her out as early as possible, plus we also want to take some strict steps against her reply which is clearly blame of cheating
which is really disturbing and torturing  for me and my family.
 
Please suggest what to do next ?
 
 
 


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 2 Replies


(Guest)

Mr.Mehul.--I could see your anxiety to drive your aunt away from your house, since she sits tight in your house for long. Your lawyer was perfectly right in issuing a notice to her and the reply that your aunt's lawyer has given you is more than sufficient to file a suit for ejectment against her, since she for the first time in 20 years ever, came out with an allegation against your father's illegal acquisition by the house, which does not hold water. Obviously, it is quite an after-thought and a reason invented for the purpose of giving a reply to you. Under the common law, even a trespasser can be ejected only by legal means. Hence file a suit for Ejectment against your aunt immediately and file all the documents of the house before the Court. In case your father is above 65 years, your case can be disposed of under 'Senior Citizen' category in preference to others.

1 Like

mehul b. desai (none)     12 January 2010

Dear Sir,

Thank you very much for your pricious advise and I will inform my lawyer abt your note. Thank you very much again sir.


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