karan (business) 13 January 2010

Property rights

I had constructed a house in Delhi in 1970. All the expenses on house were done by me right from purchasing the plot to construction. I have income tax department clearance and bank account statements declaring the same. Registry of house was done in my name (first name in regisrty) and my brothers name. My brother died in year 2000. Since then, my late brother's wife and his son's behaviour changed and now they say that they will not vacate the house as the registry is having my late brothers name. I live at first floor and they live at ground floor.I have following questions:

1. How can i get my ground floor vacated as I did all the expenses on house?

2. I have possession of terrace and barsati. They dont have access to it. Do they have any right on terace and barsati?

3. I park my cars in drive way of house. Do I have right on drive or wat right do they have on drive . It is a common passage to first floor entrance also.

What is the remedy to get rid of these people? Kindly advise.

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3 Replies

R.R. KRISHNAA (Legal Manager) 13 January 2010

If the entire house has been constructed on your money, then you shall file a suit for declaration of ownership for the house and also pray that your brother's family (son and wife) does not have any right over the property. You shall produce before the court the proof of expenditure incurred by you as evidence on your part. You can get a declaratory decree in your favour and if you wish you can evict your brothers family out of the house.

Regarding your second and third querry, your brother's family does not have any right to occupy the ground floor or use passage for car parking or any portion. But only a declaratory decree as stated supra can confirm your full rights.

The remedy is thus a declaratory suit. Good luck.

karan (business) 14 January 2010

Thanks for your kind reply beta. I am 68 Years of age. Can I get any speedy justice? Just having my late brother's name in registry does not entitle my late brother's family for any ownership rights..Am i right??

R.R. KRISHNAA (Legal Manager) 14 January 2010

For speedy justice, you can represent the court through your advocate that you are a senior citizen of age 68 years and ask the court to dispose of the case faster. Nowadays senior citizens cases are dealt faster and the court gives priority to senior citizens. So dont worry. But this depends on how good your advocate convinces the court for speedy disposal. Even if it appears to you that the case still prolongs then you shall approach the high court immediately to give a directional order to the court (where your case is pending) to dispose of the matter within a short specified time.

Regarding your querry about your brother's name in registry, I say that it creates a present valuable right for the brother's wife and his son. They can very well call themselves rightholders at this stage. Even they can do anything with their rights. For example they can mortgage their share or assign it to others etc etc. But all these can be prevented by you, only by filing a suit for declaration as stated by me in my previous reply. Please hurry up and file the case. I wish you good luck.