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Unauthorized occupants living in flat and not paying maintenance bills
18-Nov-2023 (In Property Law)
My inherited flat is occupied by some relatives since long time because I was living overseas.
Some other relative was paying bills for them as occupants are jobless.
Now I have come back to India and started paying the charges in hope that they would give back possession. But they are not, so I stopped paying the Society maintenance charges and they also are not paying.
So what happens now? Bill is in my name and charges not being paid by them.
What can I do to get them out or pay the bills.
Hello,
You have to approach the court and file for an eviction suit which will help you in vacating them from the property which will not only secure your property but also you can break the chain of adverse possession if they are planning to do so, though bills and maintenance alis coming under your name so at least you are secured.
File for an eviction suit, and criminal trespass and cheating case against them.
You have to approach the court and file for an eviction suit which will help you in vacating them from the property which will not only secure your property but also you can break the chain of adverse possession if they are planning to do so, though bills and maintenance alis coming under your name so at least you are secured.
File for an eviction suit, and criminal trespass and cheating case against them.
Helpful?
Adv. Chinnmay S. Shah
Mumbai | 200+ Answers
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What are the conditions when wife is not entitled to maintenance?
The husband and wife cannot live apart by mutual agreement.
According to Section 125(4) of Code of Criminal Procedure no wife is entitled to an allowance from her husband for maintenance if they live separately with mutual consent.
What action can be taken if maintenance is not paid?
Some societies disconnect services such as water, electricity or parking for members who are consistently late with their maintenance payments. Legal Action : If the non-payment of dues continues, the society can file a lawsuit in civil court.
Can an unemployed husband claim maintenance from wife?
There are no proceedings in the Family Court between the couple, except if they are Hindus who were married under the Hindu Marriage Act of 1955. In that case, the husband can, under section 24, seek maintenance, litigation costs and a divorce from his wife, and under section 25, seek to...
Can a husband refuse to pay alimony?
The husband can avoid paying alimony if the wife is found to be unfaithful. Infidelity gives the other partner the advantage. If the husband can prove that his wife has cheated on him, then he is entitled to refuse to pay any alimony.
Additional information is required to give a complete answer
it is important to know whether you are sole heir to the flat or there are claimants.
in any case you will have to file a suit for possession of the falt stands absolutely in your favour. But if the flat does absolutely devolve on you, then in that case you will have to File for declaration and possession.
it is important to know whether you are sole heir to the flat or there are claimants.
in any case you will have to file a suit for possession of the falt stands absolutely in your favour. But if the flat does absolutely devolve on you, then in that case you will have to File for declaration and possession.
Helpful?
Adv. Yunus Vakharia
Mumbai | 25+ Answers
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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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