LawRato

Property is in my father's name but cousins are staying there


27-Jan-2023 (In Property Law)

Dear Sir, How can we vacate our property from our cousins who have been living there for years and now refuse to vacate it. we want it back. This property is in the name of my father with registered will. WHO CAN HELP US.

Answers (3)

Answer #1
839 votes
We can help you in this regard. Your cousins are in possession as a tenant? Meet with full details for taking this case forward.We can help you in this regard. Your cousins are in possession as a tenant? Meet with full details for taking this case forward.
Answer #2
566 votes
Dear Sir,
First of all is there any rent agreement between your cousin's and your father? Where is the property located?
Is the property acquired property of your father or an ancestral property?
If it is not an ancestral property then your cousins have no right as they have no share in said house .
Then in this case the legal procedure will be to Issue them a legal notice ask them to vacate the possession of the property within 15 days.
After the expiry of 15 days file a suit for eviction and vacate the house as per law.
Remedy lies before the civil court and you can pray for an protective order.
Answer #3
600 votes
Surely we can help you. Please don't feel afraid law will protect you if you are right. First of all you should approach the court and obtain a Probate. Eviction Notice can also be issued on your cousins. They are illegal occupants of the premises so you can also approach the police however they might not interfere stating that it is a civil dispute. When your will is declared by the court and a probate or succession certificate is obtained than the heir as per the will can only claim right over the property.

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."