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Can sons evict father and step mother from house ?


31-Jan-2023 (In Property Law)
a property was purchased & registered by my mother in her name but my father as a surety is partially paying the house loan in private financial institution not a bank. my mother passed away four months ago & my father got married to another women & living in my mothers house. my mother wrote a property will on me & my brother name & registered in sub-register office before she expired. also my father is a state govt employe at present he got suspended for couple of months my question is will me & brother able to ask my father & his new wife to leave the house. the house & colony is under panchayat, will there be any problem with panchayat & we are converted christian with sc caste. my mother was a govt employe, after her retirement she give her belongings & gold, PF funds to me & brother by hand. will my father has any rights to ask for my mothers belongings, even after he got married to another woman my whole family doesn't my father to live in that hous
Answers (1)

Answer #1
925 votes
Hi sir/madam, the above said property is belongs to your mother's self acquired property, according to Indian Succession Act, 1925. Your father will get 1/3rd share in that property. You and your children are having equal rights in the remaining 2/3rd share. You have to apply for pavathi khata to concerned jurisdictional Tahasildar office by producing a death certificate and family tree alongwith property documents which is in your mother's name, also apply for probate. Now in this case as your father bought the land in your Mother's name making her the sole owner of the property, now as she gave the property to you and your brother in will and if you are major i.e, 21 years then you and your brother are the sole owner of the property hence, you have all the rights to ask your Father for eviction.

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