Force full possession taken by my relative
Ashwini
(Querist) 07 November 2012
This query is : Resolved
Hi
This is Ashwini Pandit
My father have 1BHK flat in pune
my unty(father's younger sister )have possession of that flat
all legal documents arein the name of my father
agreement is registered and stamduty is als paid
but as she have kept unwanted material and 2 cupboards inside its very hard to vacant the flat
she is not staying there just lock the flat and scared our if we will take the possession she will claim that we stolen the valuable things from house
there is no legal agreement made like rent agreement or lease agreement with her
how can i vacant the flat
Please revert
Sudhir Kumar, Advocate
(Expert) 08 November 2012
does she have any proof of occupation (not regular residence)
Ashwini
(Querist) 08 November 2012
before few year father gave general POA just to attend a meeting and pay dues ...also she had 100% nomination which my father will change very soon...other wise as per my knowledge she does not have any proof and above mentioned POA and nomination father will be doing in my name.here i would like to mention that since 1986 onwards she kept tenants and njoy there rent also deposite which she does not return to them givin a coz that she is facing bad debts.in that time she may have paid few society dues and sme taxes (in the name of my fahter) other wise father had not given anywhr in whritten form that she can have a possession.in the yer of 2005 she had lodged a complaint in the police that her husband who is not residing with her stolen her belonging from home so this can i help ous to prove that though she was residing b4 2005 but after that she had no right to say that she had her material there as all the things was stolen in 2005 robbery... i read one article in the financial express ...its a decision of supreme court justice that care taker or servant or any relative with whom no any rent agreement or lease agreement made cant claim right to the property mere by its possession.many lawyers suggest us to throw her material somewhere in unknown place as she does not have any proof of residence.but frankly speaking in future if she could able to prove that she had a possession then my father will suffer a problem.
ajay sethi
(Expert) 08 November 2012
your father must be having one key to flat .as owner he is entitled to enter his flat . she cannot claim any right to said flat .ask your father to go and stay in said flat . no one can stop him
Ashwini
(Querist) 08 November 2012
Thank u for your suggestion
if we will go and stay there ...and if she will claim that we stolen her belongings ...what to do in that case...??
please give me ur valuable suggestion ...
ajay sethi
(Expert) 08 November 2012
dont touch her belongings . they must be under lock and key . sister wont file case against her own brother . even if she does that does not mean that you wont stay in your own flat
Ashwini
(Querist) 08 November 2012
flat is occupied with her belongings and there is no space to stand also..can we shift all those things in one room and then make other room ready ...
ajay sethi
(Expert) 08 November 2012
why dont you contact a local lawyer ? pay his legal fees rather than adding facts to query with each answer
Ashwini
(Querist) 08 November 2012
I have appointed a lawyer...but still want to go for the best one...hence searching on this site...
