How to enforce vested rights in property

719 votes

It seems difficult to make out any clear picture from your statement.Assuming that your father is not​ alive and made testament in favour of your stepmother , still she is to go for "probate" action.Subject to the provisions of the limitation Act,1963, you have legal right to contest the same in the appropriate court of law. If your father's wholly owned Property , irrespective of the fact that presently he is alive or dead, is given away to your stepmother by your father, during his lifetime , by way of" gift" duly complying with all legal requirements​, still you can contest such action subject to provisions of the limitation Act,1963.However, If your father is still alive , he has the legal right to decide upon to whom he likes to give away his wholly owned property.If you are minor , you can not be thrown away from your residence by any one.Even if you are an adult, without​ eviction order of an appropriate court of law , you can not be evicted from your father's house.If you are put to physical or mental torture by your stepmother,approach local police authority for needful intervention.Contact lawRato for further instructions .

Advocate Goutam Majumder LawRato

838 votes

your father as well your mother have no right to evict you from the place of residence as you have the full right in the property of your father, though your mother died but law will not change and your right shall not be diminished in any manner whatsoevr.

Advocate Mahesh Kumar Joshi LawRato

659 votes

Dear client,
The details are not enough to advise you properly but still then if the property you are staying belongs to or owned by your father then you are merely licencee in the said property and they can evict you but if the said property is an ancestral property then as on to-date you are one of the co-owner of the said property and every right to stay there.

Advocate Vikram Ojha LawRato