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Anoop (MBA)     22 March 2010

Grandfather trying to throw daughter out of house

My grandfather (mother's father), who has four children, built a four floor house and got his two sons to live in each floor and his divorced daughter to live on one floor. Grandfather along with grandmother live on one floor. Now my grandfather has always disliked my mother and has wanted to throw her out of the house. However, she has been living in her floor for the past 10 years and has disagreed to move out. He has talked about this openly but my mother will not move out as she has no where else to go.

Please let me know if he can get her out of the house legally? My grandfather is the sole owner of the house and my mother lives alone in her floor. I would really appreciate your advice in this regard.

 

 



Learning

 7 Replies

Gundlapallis (Advocate)     23 March 2010

You said your grand father is legal owner of the house but is that an ancestral property of self acquired by your grand father? 

 

The issue is something that has to be resolved within the family.  Your mother should take moral support of her mother and other siblings and communicate with him.  Your mother has no legal help available.  The legal duty towards your mother for your grandfather has ended (your mother is supposed to be lookded after by your father, but you didnt mention anything about your father)- and if the property is your grandfather's self acquired your mother cannot question him or she do not have any legal right to stay in is property. 

 

The only chance for her to fight rests on the fact that if the property is not your grandfather's self acquired property but inherited then your mother can have her share in the property.

 

1 Like

Anoop (MBA)     23 March 2010

Thanks for your prompt response.

This is not an ancestral property. My grandfather bought the land and built the four floor house.
My parents divorced 25 years ago and my father passed away. So we have no connection with my father's side.

So I guess from your reply, my mother will have to get her siblings and her mother on her side to resolve the issue. There is no other choice?

Thanks again

Suchitra. S (Advocate)     23 March 2010

Anoop, I agree with Gundlpallis Sir. Your mother legally doesnt have any rights over your grandfather's ancestral property. It is better to resolve the issue amicably talking to her famlily members.

1 Like

Gundlapallis (Advocate)     23 March 2010

Both you and your mother have rights over your father's property - If your father's family has any property you and your mother can fight for your respective shares from your father's side.

1 Like

Anoop (MBA)     23 March 2010

Thank you all very much for the information and advice. I really appreciate your assistance and I am also thoroughly impressed by this forum.

Anoop

Tarun Kalra LL.M, M.B.A (advocate)     03 April 2010

anoop,

there is two remedies available to your mother

first, your mother can file a complaint u/s 12 of Domestic violence act against your grandfather, and seek residence order u/s 19 of dv act

second she can claim maintanance u/s 125 of crpc,( some provisions are avialable for marrid womns).

 

tarun

Anoop (MBA)     03 April 2010

Thanks Tarun,


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