Civil Procedure Code (CPC)

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Dilshad Merchant   30 December 2020

House Possession

I, my husband and 2 children live with my parents in their house situated in a Parsi Colony belonging to the Trust...
I am born Parsi but my husband is a Muslim...
A suit is already going on against my father since the last 30 years pertaining possession of this house...
My father lost the case in lower court last year and now appeal is going on...
I wish to know the following:

1) Can the Trustees ask us to leave this house after my parents are no more?

2) If we refuse to leave this house (after my parents are no more), do the Trustees have the legal right to lock this house or can I continue with the case/suit being my father's legal heir ?

Kindly Guide me.
I'll be grateful. 🙏


 5 Replies

Adv Neeraj Kumar   30 December 2020

How long you are living there? if you are living for more then 12 years then you have strong case.

contact us to discuss the matter in detail

Regards
Adv Neeraj Kumar
8826275476

Kishor Mehta (CEO)     31 December 2020

If the decision of the higher Court is adverse, you have to vacate the premises. In the unfortunate event of the demise of your parents during the pendency of the case you can be a party to the case as a legal heir. You can not file a fresh case if after the death of your parents. The decision of the Higher Court in the ongoing case is legally binding. 

1 Like

P. Venu (Advocate)     31 December 2020

Yes, once you get impleaded as the legal heir., you can continue residence so long as the case is pending, even after your parents' lifetime

Dr J C Vashista (Lawyer)     01 January 2021

In what capacity your father/ family is holding possession such as tenant / succession / relative etc. ? 

What is the order / judgement passed against your father, which is stated to have been challanged ? 

The facts posted by you suggest that your case is, prima facie,  very weak since the Trustees [owner] do not want your father / parents/ family to continue possession.

What is the opinion and advise of the lawyer engaged by your father as s/ he [lawyer] is well aware about facts and circumstances of the case and an able, competent and intelligent enough to satisfy your queries ?

avadhesh Paliwal   13 March 2021

NOBODY CAN GET FROM THIS PROPERTY IF YOU ARE LIVING IN MORE THAN 12 YEAR


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