in Family Law Property Law
Asked May 23, 2017

Forced to leave the property

  • 1 Answer

Hello, My father bought a LIG 1 BHK flat, named my mother as partner (with no financial contribution) and I and my elder brother as 50-50 nominee.. My father had passed away few yrs ago, and my mother now owns (50% of total property + 1/3 from the rest of 50%... me and my brother are now 1/3 % holders (each) from that other 50% share.) Now my brother is posted to Mumbai and has kept most of his belongings- bed almirah etc and I'm living in this property since 2011 onwards.. my mother is harassing me to leave this property else she will serve me a legal notice on pretext of me disturbing a 60yrs old Sr. Citizen & court has provision to ask the kids to leave parental house. I have been paying electricity, guard LPG gas contribution and working in a private unstable job.Being a female it is very difficult for me to deal with her in this situation. She has named my brother as a nominee of her share of entire property with all household goods and now they have also started taking her side and had in the past tried to abuse me physically for which Police was called in 2 times. please suggest the right procedure to obtain a stay order against my legal right to live in this property where I'm a partial 17% owner. Thx

Answer 1

Since you suggest that you are a co-owner of the property with your mother and brother, they have no right to ask you to leave the house, not even when your mother might claim so being a senior citizen. In other words, as long as you have a share in the house, the court will not evict you from it [Sachin and another v. Jhabbu Lal and another, RSA 136/2016 & CM No. 19123/2016, Delhi High Court, paragraph 16].

Agree Comment 0 Agrees over 4 years ago

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