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Can relatives throw us out from my grandmother's property?


28-May-2023 (In Property Law)

I along with my mother live in a house which legally is owned by my grand mother (father's mother), as my father is posted in a different state. However my uncles (2 taujis), my grandmother and my aunt along with her husband (bua & phupha) goes on mentally harassing us.

 

It's been more than 10 years that we are living here. Is there a way to put an end to this nuisance? We have no freedom to do anything. Everytime they would go on poking their nose in our matter.

 

And they also threaten us saying they will throw us out of the home. Please help

 

Answers (1)

Answer #1
325 votes

First of all, you will have to specify whether the property is ancestral or is a self acquired property of your grandmother.

If the property is ancestral then you have a legal right to claim your share. Assuming that you are a Hindu, the division of property or partition will be governed by the Hindu Succession Act, 1956. As per the said act, you can file a suit of partition and application of injunction whereby seeking relief against all of your relatives for interfering in the right to enjoyment of property.

In case it is a self acquired property of your grandmother, then your grandmother has the right to dispose of her property as she wishes to and you will have no right on the property. Under such circumstances, the owner of the property, who is your grandmother can do whatever she wants to do.

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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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