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chandrasekar.s (service)     20 August 2013

Son rights against mother

i am residing in chennai, own house, my father bought it in 1993, he was deceased in 2000. there are four legal heir's for my father. mother, two sisters (one is elder (married)and one is younger(engaged)). and myself. we are having ground floor + 3 floors. in ground floor my uncle is residing ( my mother's brother), first floor tenant is residing, second floor, my mother and engaged sister is residing, on the floor i am residing.

subject:  i need to move to ground floor because only staircase climb no other automated steps, but my mother is opposing to it.  can i intimate to vacate the ground floor (my uncle) with the legal heirs rights? there is no any bondage agreement, he is not paying any rent, just paying electriciy consumption only. 



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 4 Replies

A.SUMATHY 9380902017 (LAWYER)     20 August 2013

File partition suit before civil court..

NARENDER RAO BASAVARAJU (ADVOCATE)     20 August 2013

YES YOU CAN GET HIM VACATED. CONTACT A GOOD CIVIL LAWYER IN YOUR CITY.

Advocate Vishnu (Advocate)     20 August 2013

As pointed out earlier, you must first partition the property amongst the legal heirs.If the ground floor is alloted to you , then you may file a suit for eviction against your uncle. Filing a case now will be a futile attempt as his defence will be strong and may take years for the matter to be settled.

NGOKC (pm)     20 August 2013

yes you can file a partition suit and you will get one fourth of property which btw you already have.

Remember in return you will sour your relationship with mother and also chance to inherit anything from her

Cases shld be brought in household only if absolutely necessary

What if mother claims ground floor considering old age , court is more liable to rule in her favor considering her old age


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