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Does father forcibly enter son's house and live?


09-Jul-2023 (In Property Law)
Dear Sir/Madam - I live in 1 BHK flat with my wife, daughter and my mother-in-law. The flat is owned by me and my mother (50-50 % share) Can my father have a legal right on this flat? Can he forcibly enter the flat and live there without my consent? Does he have any right on this flat after my mother's death? Hope someone can answer this questions,
Answers (3)

Answer #1
899 votes
This is my response to you:
1. After your mother's demise her legal heirs have a right on the flat;
2. Her legal heirs include your father as well;
3. Therefore ask her to make a Will in favour of you;
4. Since you are 50% owner you can refuse your father entry in the flat;
5. If he forcibly does try to then you can file an injunction against him and/or take out a restraining order against him;
6. You must take safety measures otherwise nothing to worry.
Answer #2
932 votes
As per your query Does father forcibly enter son's house and live?
Yes
As your mother and you has equal share in flat after death of mother your father has right to receive mentaince that mean son have to mentain his own father if he has no independent income. The question is how your mother has 50% share what's income source of your mother this is still in question.
Father has right to stay "force" why he require force to stay in his son or wife home?
Father has right to stay there
Answer #3
713 votes
1.Yes, your father has legal right on this flat because your mother is co-owner of the above flat.
2. Yes after demise your mother 50% share will transfer in your father name subject to NOC of all legal heirs. and after father 50% share will transfer in the name of all legal heirs under Hindu Law.
3. yes your father can live in your flat on behalf his wife 50% share.

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