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Suresh (Engineer)     30 October 2013

What right a step mother has in her step son's earned house

I have my own earned house in which my father and my stepmother were staying. recently my father passed away without any will written.she has taken all the money (around 9 lacs) which came after my father death(PF/Insurance/Gratuity etc). we have 2 acres of land and one house in our village from our ancestor. i have built one house in city with my own earned money (both site and house is in my name) and i wanted to vacate her from that house but she is refusing to leave. i am staying in Bangalore and have moved my wife and my grand mother to that house so that i can keep check on her and may help to get evicted her from the house legally. she has one daughter who is married off before my father died.
what i proposed is she can take that 9 lac money and leave the house and stay in that village house and give that 2 acres land to me. but she is refusing to it and says i will stay in this house and also will not give any money from that 9 lacs. my question here are,

1) what are the legal rights she has on that my house

2) how can i send her out of house legally 

3) My grandmother(father's mother) is also there and what share she can get in this ancestor property and in the 9 lac money.



Learning

 2 Replies

SACHIN AGARWAL (ADVOCATE)     30 October 2013

You and your grandmother have equal rights under Hindu Law of Succession. You can claim the same by filing a suit before the Competent Court.

SACHIN AGARWAL (ADVOCATE)     30 October 2013

She can be evicted by filing a suit for Mandatory Injunction as she is not the tenant and si occupying your house as licencee only. 

 

Cancel the licence and file the suit.


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