Father filed suit for my eviction from the property now death
22-Mar-2023 (In Property Law)
I am a born parsi girl married to a christian boy. we both were residing in my parents house since 1998. suddenly my father in 2010 filed a suit in civil court to evacuate me from the house & this was done by high court in 2012. my father wanted to give all the property {i.e. 1600 sqft flat} to my brother alone. this property belongs to Parsee Central Association co op hsg society, dadar, Mumbai. the flat belonged to my grandfather.In 2015 my father expired.i have put an objection letter in the society but no response. can i file partition suit in court? & what are my chances of staying there.
The property/flat belongs to the Parsee Central Association co op hsg society, dadar, Mumbai. We believe that the said premises are leased premises. If so, the tenancy rights can neither be gifted nor can it be inherited. However, the persons who were staying with the tenant at time of his/her death automatically become tenants in common in respect of the concerned property. Hence, in such a case, you'll have to make an application for inducting yourself as tenant. Further, you may also file a suit for injunction against your brother for restraining him from dispossessing you from the said property.
However, if the said property is on ownership basis, then the inheritance law will be applicable to you, if your father has not left any WILL.
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