How Can We Evict (Bedakhal) a Person from Our Property?
06-Sep-2023 (In Property Law)
What is the procedure for bedakhal? Due to his financial liabilities, how can we legally disown him and ensure that we are not liable for his actions?
Do not use force; if he is a tenant serve a written termination notice under Section 106, Transfer of Property Act and then sue for eviction or recovery of possession (or, if he was dispossessed, file a possessory suit under Section 6, Specific Relief Act) and obtain a civil decree and execution to effect bedakhal. Courts have allowed recovery on title in such suits (see Biswanath Agarwalla v. Sabitri Bera, (2009) 15 SCC 693 [https://www.courtkutchehry.com/judgements/664369/biswanath-agarwalla-vs-sabitri-bera-and-others/] and Maria Margarida Sequeria Fernandes v. Erasmo Jack De Sequeria, (2012) 5 SCC 370 [https://indiankanoon.org/doc/100486606/]). If entry is forcible or unlawful, lodge a criminal complaint for trespass under the Bharatiya Nyaya Sanhita Section 329. [https://www.apnilaw.com/bare-act/bns/section-329-bharatiya-nyaya-sanhita-bns-criminal-trespass-and-house-trespass/] To avoid financial liability: do not sign or remain a guarantor; a surety's liability is co-extensive with the principal debtor under Section 128, Indian Contract Act (so a guarantor remains liable unless released by the creditor) [https://indiankanoon.org/doc/1377136/]. Revoke any power of attorney, close or separate joint accounts, avoid joint signatures, and seek contractual substitution with lenders if you have guaranteed loans. Heirs/legatees are generally liable only from the deceased's estate and may renounce or claim subject to estate limits under the Indian Succession Act and related probate rules [https://sooperkanoon.com/act/134217/succession-act-1925-complete-act/]. For precise steps for your facts consult a lawyer to draft notices, file the eviction/possession suit and handle bank/loan formalities.
"Bedakhal" is a Hindi term that refers to eviction, dispossession, or removal from property or legal rights over it. It commonly appears in public notices, especially in newspapers, where parents or property owners declare someone typically a child as "bedakhal" from their property
However, note that ancestral property cannot be denied to legal heirs. If the property is self-acquired, you can legally disown a person. To ensure this, it is advisable to draft a registered Will, explicitly excluding the person from inheritance. Otherwise, the public notice could be challenged on grounds such as mental incapacity at the time of publication or undue influence.
Debt collectors may try to hold you responsible for liabilities as a legal heir. This can be stressful, especially when grieving. However, unless you have co-signed a loan or legal document, you are rarely responsible for another person's debt. The estate is typically responsible for settling outstanding dues.
There are exceptions, such as medical debt, which may fall under "filial responsibility" laws. However, credit card debts and unsecured debts are not inherited. Find the best property lawyer in your city.
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Unless you have co-signed a loan or legal document, you are rarely liable for someone else's debt. In most cases, it is the responsibility of the estate to settle outstanding amounts. However, there are exceptions, such as medical debt, which may fall under "filial responsibility" laws. On the other hand, credit card debts and other unsecured debts are not inherited.
Regarding your question about Bedakhal, it legally means disowning someone from an estate. To do this, a public notice must be published in local newspapers to inform the public. However, note that a person cannot be disowned from ancestral property. If the property is self-acquired, legal heirs can be disowned.
For stronger legal protection, it is advisable to draft a registered Will, explicitly excluding the person from inheritance. Otherwise, a public notice could be challenged on grounds such as the person’s mental incapacity at the time of publication or undue influence in making the decision.
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Additionally, if the property is self-acquired, you can legally exclude the person from inheritance by drafting a registered Will. This ensures that they have no claim over your property.
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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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