Occupational charges

Querist : Anonymous (Querist) 12 July 2023 This query is : Resolved
My brother died due to covid in May 2021. He was the sole caregiver of our mother, a 86 year old double stroke patient. After his death my mother asked me her elder daughter to live in my brother's flat since she was unable to live alone. My brother's wife had left her marital home 2 years prior to his death. So I have been living in my brother's flat for the past 2 years. Now my brother's estranged wife is demanding occupational charges for staying here since she is a co heir. Is that legal? What about the grounds of sympathy and ill health of my mother who will be 89years in September that compelled me to leave my own home and stay with my mother?

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kavksatyanarayana (Expert) 12 July 2023
Yes. She has a right to share in the portion. As she is your brother's wife, amicably settle the issue or pay the charges to her.

T. Kalaiselvan, Advocate (Expert) 14 July 2023
Your brother's wife can demand rental amount from you for staying in her share in the proeprty, however you can deny to pay the same stating that you are staying with your mother in her share, let she go to the court and obtain a partition order with separate possession of her share after which she can claim the rental amount if you are occupying her share of property.
You can deny to pay even a single penny now.

P. Venu (Expert) 16 July 2023
Yes, being only a caregiver to the ailing mother who is also a co-owner of the property, you are not required to give any rental amount. However, it is in the best interest of all that some arrangement is made in respect of the mother's share in the property during her lifetime itself. This is all the more relevant if the property is situated in Kerala.

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