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vijay   17 November 2017

Right of senior citizen in inherited property

My mother is a old now in her seventies and my father passed away recently. She lives in ground floor of a property inherited through will of my grandfather that my father was the owner of the said property. First floor is inherited by my cousins which was inherited by will of my gf, My uncle is also no more.The property is more than 50 years old, my mother who was in that house since last 50 years wants to spend her last few years in same house.But my cousins have paid money to local corporation and got certificate that property needs to be demolished.The house no doubt old and needs annual maintenance, my mother us spending around 60000 rs every year to maintain ground floor.But my cousins who have colluded with a builder wants to demolish and are not even willing to spend maintenance of house. The case is now in the court , their case is entire house needs to be demolished. My mother just because she is old has every right to spend her old age in that house, as a senior citizen what legal rights she has to spend her old age in that house and what steps we need to take to prevent this harassment, she cannot goto court frequently and defend her rights.


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 14 Replies

vijay   17 November 2017

please excuse me for few typo errors that happened while typing using my mobile phone keypad

vijay   17 November 2017

please excuse me for few typo errors that happened while typing using my mobile phone keypad

Vijay Raj Mahajan (Advocate)     17 November 2017

Matter is sub-judice and unless the court decide no comment can be made. However in case the condition of the property found uninhabitable because of constructed structure, court will allow it's demolition. The right of your mother definitely be protected and ordered to be restored to her in house built after the demolition or elsewhere at the cost of your cousin.

Kumar Doab (FIN)     17 November 2017

It is believed that you are all Hindu.

Confirm!

Kumar Doab (FIN)     17 November 2017

You have posted about WILL left by deceased owner (your Grandfather), and that your father and uncle is beneficiary.

It is believed that the WILL was valid and duly acted upon without any cloud on it and ownership was transferred to beneficiary in mutation records, as per WILL.

Confirm!

Kumar Doab (FIN)     17 November 2017

The property that devolves by WILL is of nature self acquired.

So the property in the hands of your deceased father should be self acquired.

 

In case of Hindu man; The 1st right is of ClassI legal heirs i.e. Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters…………..

 In case of Hindu Female the nature and source of property matters.

 In case of Hindu Female: the husband (if alive as on date of death), sons, daughters have 1st and equal right in self acquired/absolute property….

In case of Hindu Female: if property has devolved from parents, sons, daughters have 1st and equal right and if they are not available the heirs of father have 1st and equal right………… 

 

Thus even if the WILL was not valid and not duly acted upon the succession shall be as per applicable succession laws and your father shall have a (equal) share.

Likewise after death of your father his legal heirs shall have a share.

So there seems to be NO reason for apprehension on share of your father, mother and other legal heirs of your father.

 

Kumar Doab (FIN)     17 November 2017

You have posted that:

Your mother has been maintaining portion of your father i.e. GF but the portion of Uncle FF was not maintained.

Thus the foundation and GF should not be in dilapidated condition and fit only to be demolished.

As per your post the declaration by MC is biased and due to bribe.

Has your lawyer advised to get report from some ‘Structural Engineer’ on condition of the whole building/GF/FF and also place on record the evidence of GF being maintained and FF not being maintained?

Is it that only FF need to be rebuilt or whole building?

 

And the Uncle/his legal heirs that have been enjoying the property are liable for the said condition of the FF or house.

 

Or as per local rules the house as per vintage is to be demolished?

Even if the house is to be demolished the share of your father and subsequently of his legal heir should be safe.

She can be represented by a lawyer or she can give PoA to you.

Preferably avail the service of a very able senior LOCAL counsel specializing in such/civil matters and well versed with local laws that apply in this case for a considered opinion.

Your mother being senior citizen and if not earning can approach DLSA for Free Legal Aid and also pray for speedy disposal of the matter.

Nawal Kishore Mishra   17 November 2017

Old age of mother is of no help. If building is in dangerous condition. As per law no one can vacate her from house by force. Go to civil court for relief of permanent injunction.. If there is order. Of Municipal corporation for demolition approach to high court.

vijay   23 November 2017

Hi , We have gf of building surveyed by bbmp structural Engineer and he has given fitness certificate that building gf is structurally safe- portion where my mother resides.We need some senior counsel who can attend case in Bangalore High court- please suggest.

vijay   23 November 2017

My father tried to bring per injn but was rejected by lower court.The Defendant lawyer brought a stay to the Bbmp fitness certificate we had in high court and the judgement was based on old document from bbmp which my cousin has procured through bribe! where without coming to the house and by taking few pictures from my cousin the report was fabricated.

vijay   23 November 2017

Thanks for all replues recd, We are Hindu family my gfs will was acted without any dispute my father and uncle stayed in their portions and Khata also tranferred as per will. Gf khata is in my fathers name and ff khata in my uncles name

vijay   23 November 2017

The will of my grand father properly executed.Even khata of gf in my father s name and ff khata in my uncle s name.Now both of them not alive.Gf has fitment certificate from bbmp structural engr but ff and gf my cousin has got bbmp certificate by paying bribe without survey and now they are even colliding with a construction company- a builder who also gets benefitted for building apartments. Earlier when my father was alive my cousin entered ff and tried to remove portion of structure of ff by having that bbmp certificate.Hence rain water can enter our house and destroy it.

vijay   23 November 2017

We have cc camera recordings of the same

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