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Kailash Joshi (accountant)     06 May 2014

Eviction letter

Sir/Madam,

I am Currently staying in House  (mumbai) which is in Joint Name of my Father (Deceased in 2002) and Mother. Due to family dispute in 2011 I got seperated and as per mutual family understanding, residing at current house stated above. Now mutual partition settlement process being failed.

My mother has send me an letter through advocate to vacate in 30 days, failing which She will approach Court. She is having a seperate  flat in her name (acquired by my late father) where she is currently residing, in same society.

My Questions are:

a) As till date Partition of Properties has not taken place, in such a situation can she  evict the legal heir. (Or I will be treated as Co-oparcener and eviction will not be done till partition is finalised)

b) can you please enumerate the grounds of eviction and law governing same in Maharashtra.

Thanking you in advance.



Learning

 1 Replies

adv.raghavan (Advocate,9444674980)     06 May 2014

Local laws u have to check with local advocate, but with regards to TP act 1882 

tenancy by entirety

"There can be also be a tenancy by entirety. This type of co-ownership is exclusively for a husband and wife. Tenancy by the entirety provides the right of survivorship. To exist, tenancy by entirety requires the two co-owners to be married."

 

On this ground your mother can contest the case.


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