Arusha (AM) 23 September 2011

Help required

Hi members,

I am new to this fourm, just joined as got to know that we can get valuable imputs from the experts. My case is as follows-

My Mum is currently residing in a 1RK @ Byculla which belongs to her dad. Currently the house rent bill is still on her dad's name, the electricity bill is on her madian name but the telephone and rationcard is on her name. She is staying there for the past 35 years now even before she was married. Now her sisters are fighting for the share in the house and want her to leave without getting any thing as they feel she has stayed enough and has no more rights in the place. My mom wants to buy the house but they are acting weird and expecting rent for staying there plus their share in the house. All the bills, maintenance etc is been paid by my mom.

My question is as follows-

1)Can they put a case on her and ask her to leave?

2) Is my mom entitled to get her share?

3) are we liable to pay them?

Thanks & Regards,

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3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 24 September 2011

In whose name property stands. Your mother's sisters can claim their share in that property because after the death of the father succession opens. Whether your grandfather has made any arrangements like will or gift in your mother's name? if so if it is self acquired property of GF then your mother's sisters cannot claim anything.

Alok Tholiya (self employed) 24 September 2011

When u say house rent bill. That means ur grandfather was a tenant. Any one who continues to live in tenantated house becomes a tenant and has to ask for name change in rent receipt. Those who do not live in the tenanted premises loose the right.

Preserve the documents which r in ur mothers favour. Write to landlord thru a good rent act advocate and get the rent receipt transfeered in her name.Non residing heirs have no right over tenanted premises. As property prices have gone up and redevlopments talk r everywhere those who were not interested earlier r now suddenly claimimg rights. Wasteful efforts.

laxminarayana (Advocate) 26 September 2011

1) Can they put a case on her and ask her to leave?

No. She may claim her share of that property if the property is ancestral property. She may not claim her share if it is not ancestral property like your grandfather self acquired property but the self acquired property would have been transferred to your mother name throw gift or will deed otherwise your mother sister will get her share.

2) Is my mom entitled to get her share?

Yes. Your mother definitely will get her share.

3) are we liable to pay them?

No. You need not pay any single amount.