anand nair (Mr) 27 July 2014

Can my mother force me & wife out of father's house

Respected Sirs,

Please clear my following doubt.

My father died without a will. My grandmother created a will giving property to all her children. But father didn't transfer the will into his name (no other children did as well). It remains the same document as made by grandmother. But house tax and electricity bill is in father's name.

I, my wife & child live in the house made by father. My mother and wife had frequent fight and my mother & brother have forced us out of the house claiming that we dont have any right to live there. What can I do to take my family (wife & child) back into the house. We are currently living in wife's house. Do we have any right to claim a share?

Thanks in advance!

Regards!

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6 Replies

G.L.N. Prasad (Retired employee.) 27 July 2014

As the property is ancestral, contact a dependable lawyer and iget a legal notice dto your mother and brother seeking for partition of all parties and for giving share of your property, failing which you have to proceed legally.

Wait for some time, first go to Legal Services authority for Pre Litigation conciliation and then file Partition suit through an advocate.

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Advocate Ravinder (Advocate/Attorney) 27 July 2014

As it is ancestral property, on the death of your father, the property devolved upon his legal heirs including you. i.e. Sons, daughters, wife. You have right to live in your father property. You can file a partition suit. Even now If your mother harrasses you, ask your wife to file a criminal case.

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K.K.Ganguly (Advocate) 27 July 2014

1. You have every right to stay in the said house of your deceased father as one of his legal heirs,

2. Make sure that your father has not executed an will bequeathing the entire house in the name of your mother,

3. File a partition suit claiming your share of your deceased father's property.

1 Like

T. Kalaiselvan, Advocate (Advocate) 28 July 2014

Though it does not appears to be an ancestral property, you certainly have a right to a share out of father's share which he left behind intestate as one of his legal heirs. You donot have to vacate the house and nobody can force you and your family out of the house. In the meantime you can file a partition suit along with an application for injunction restraining your mother,brother or anyone from forcibly evicting you from the house property until the partition suit is decreed. Contact a lawyer in your locality and proceed as per his further advise.l

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anand nair (Mr) 30 July 2014

Respected All, Thanks for your valuable (professional) advices & recommendations. Regards!