Aunt living in father's property can she claim share
23-May-2023 (In Family Law)
My dad's sister who is a widow has been living with us since years. When we asked her to move out of the house she denied claiming share in the property. She claims that it is her house too. This property was acquired by dad through division of properties after my grandfather died. When we ask her to move out of the house peacefully she threatened us to commit suicide. Can she claim her share? Also, can we get restraining orders towards her threats?
Under the Hindu Succession Act, all the legal heirs including Married Women are entitled to equal share in the ancestral property. As such, you aunt is well within her right to claim her share in the property. The practical way out would be to negotiate with her for an amicable settlement. Alternatively, you may provide an alternate accommodation for your aunt. The Courts will not be inclined to evict senior citizen's without considering their welfare.
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