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Adrian Dsilva (Organic Farming)     11 November 2009

GrandFather Trying to Evivct Family from the Family House.

Need Advice on Property.
My wife's Grandfather is trying to evict my wife's Aunt & Uncle & us, from the family house. Wherein the Upper Entire floor of the bungalow is occupied by 4(Grandfather 2nd wife their daughter & grandson) While the Lower part of the same space is divided into 3 houses for (The Children of the 1st wife i.e. my late father-in-law, his sister's family, & brother's family)
The scenario started with an argument followed with the denial of the bore-well water which is used for all our domestic needs.
The old BMC pipes installed ages ago are still there but the multi tapped points before the water can reach us has increased over the yrs & the flow of the BMC water is very less, we just barely manage drinking & basic cooking water.
Any ways soon after the dispute for water, there was a summon sent by the  grandfather , who is well versed with legal matters since for the past 30 yrs, since he's been fighting with everyone in sight,
 he can put a case on anyone even if by mistake they look into his property.
That is the greatness of this 87 yrs old man.
Anyways, since the case is going on . we have moved out of the house . & have rented a place elsewhere.
We won a small case (out of I don't know how many more to come) , Rather the judge dismissed a case regarding the denial of water to us from the common pump which is in the compound of the house & some other case got dismissed, I don’t exactly know, I‘ll know after I get the copy.
My point in short is that 1stly we can't afford to keep on fighting this case endlessly, because every case he slaps onto us we have to fight the case .

However crude it may sound I'm not generalizing this statement. What the lawyer is saying that you don’t leave the case you are sitting on a pot of gold. Keep fighting, you don't know what small prints are there in the Tenancy Act anything can happen you can loose the house...
 & I asked . is there any limit to the cases he can keep putting on us & the answer was NO .
You may have to fight endlessly.. After he’s through, then may be the second wife, after her his second wife's daughter  & so on ..
Now the land on which he has built the house is inherited from his father.
& later, if he makes the will on his second wife's daughter's name. we still keep on fighting ..
Basically I need to know is there any law in the book stating he can evict us whatsoever.
because he is trying to evict us by calling us tenants .
We been staying there for the past 7 yrs but we don't have any papers transferred on our name . since its the family & we never knew it would come to this .
Pls advice on what to do . do we keep spending on this futility & reduce our basic expenditure on our 1 yr daughter who needs more attention than this .
Finally … if we just don't fight cases . Hire a reasonable lawyer & keep loosing or I don't know technically what's it called . But just letting it all go & see ultimately what happens .
CAN HE LEGALLY THROW US OUT OF OUR OWN HOMES.
Pls pardon me if I did not explain it too well . pls feel free to ask me any question .
I'll be referring to this page every day .

 



Learning

 8 Replies


(Guest)

okay first of all... you are just putting up with grandpa because of the plot. Get real sir. you are not staying there because you love him or you want to stay together. If he dies intestate then his estate would be divided as per hindu law. Your wife, his grand daughter MAY have  a share in it. My personal hunch is that if he IS using tenancy laws, it might be more difficult for him to evict you even though all the law suits might appear threatening. thats the plan, Coz he cannot evict you like that, all the cases are meant to make you go away. you cannot fight for a share in the property. however, i am not really an expert of litigation. so any learned friends my offer some real world advice.

Karl Jacob (Partner/Advocate)     11 November 2009

NO HE CANNOT LEGALLY THROW YOU OUT OF YOUR HOUSE ! ! !

You can file a suit for partition of the Undivided property and hold your share of the house legally in ur wife's name. Your wife can claim her share of the property. The grandfather cannot transfer the entire property in favour of 2nd wife and her children. The grandfather's 2nd wife will not get any share in the family property.

The Grandfather.

the 2nd wife's children

the 1 wife

 the 1st wife's children .

 

The above said all will get equal shares in the family property.

1 Like

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     11 November 2009

I agree with the opinion of Jacob.

1 Like

(Guest)

As you are a legal heir you have right on your grandfather's property. 

Mr.Karl is given you perfect suggestion.

1 Like

Adrian Dsilva (Organic Farming)     11 November 2009

Dear Tushar really sorry .. I forgot to mention, all was good till I don't know what ticked in the old man may be his age catching up or his wife brainwashing him since anyways you see her daughter is more important than her foster kids RIGHT ?? May be the animosity of the happiness we all had vs de dark existence on  the other side .. If you ever are in my side of town .. Just ask around, the credibility of this respected Grandpa go as far as the local Cop station . You wont believe your ears, the goodwill de dear man has earned in his lifetime. If you ever have the time I’ll tell you facts that might change your opinion. My parents still cant believe a Grandfather, now a great grandfather  .can be like that .

Anyways back to the main issue Firstly thank you all Tushar , Karl, Raj, P Sathya for your inputs .

See the thing is that we do have our separate space to stay in the bungalow  . but it’s the legal harassment that he tries to do & he & his daughter use his age as his USP . Its quite a funny site to see him limping & almost playing dead in front of the Judge & fine out of the courtroom & can actually, always walk up 5 floors to the court room .

My  point being is that .

We just need our existing place to stay without any legal problems, the rest I can handle . Voodoo, civil harassment anything out of the Courtroom & legal boundaries I can handle . Since I am not informed about Law I really really need advice .

As I have said right now we are in a tight financial situation with our kid & rent & rest of the expenses I cannot spend more money on futility coz we did not expect this to happen .

I need to know . If the Grandpa keeps adding cases on cases . What do I do ..?? can I just let it be?? Would I need  to show up to court every time there is a summon . Do I need a real expert Lawyer to the case or its gonna be endless as I have mentioned .

Also we dont have any papers to the house we are staying in . whilst our Uncle & aunt have made an agreement earlier .

Do advice .

Anil Agrawal (Retired)     12 November 2009

 What is your wife's grandpa doing in your house? Is your wife in it?

Adrian Dsilva (Organic Farming)     12 November 2009

Sir Anil ..

As I have mentioned . the family has a proerty which acomodates all with thier own privacy ..

Anyways ..

Need advice.. after reading the entire post ..

lalita ahaluwalia (advocate)     13 November 2009

grandfather has a right evict them .though she is legal heir but her right follows after his death. becoz he is the senior of the family.


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