Can married daughter evict mother &brother from the fathers flat who died without making will.
ramchandra
(Querist) 24 July 2013
This query is : Resolved
My father died 40 years ago without making will. He had purchased the flat where myself and my mother are staying last two years. Now my married sister has claimed her equal share in our flat and threatened to file suit to evict myself and mother. On what basis court will evict both of us who have two equal share in the flat.
I will be great full if somebody answar my question.
Adv Archana Deshmukh
(Expert) 24 July 2013
Your sister cannot evict you, however, she can claim her share by partition. You have the option to purchase it in default of which the court can order to sell the flat and give her the share that she is legally entitled to.
prabhakar singh
(Expert) 24 July 2013
Property belonging to father who died intestate would be shared equally by your mother and sons and daughters.
SHE HAS RIGHT TO ASK HER SHARE BUT NOT TO EVICT YOU OR YOUR MOTHER.PAY HER VALUE AND BUY BY A REGISTERED DEED HER SHARE FROM HER.
R.K Nanda
(Expert) 24 July 2013
agree with experts.
