Legal Question in Landlord & Tenant Law in India
Me my brother and father are living in my mother's house.my father gave some money to buy this house. Now my mother want to throw us out. We are living here for past 10 years. . I want to ask do we hev any right to live in this house?
Asked on 11/06/13, 12:06 am
1 Answer from Attorneys
Vishwa Arya
Arya & Co.
It would depend upon the kind of evidence you or your father has with regard to the payment. Main hurdle is section 4 of the Benami transactions act. To bring in the net of proviso to section 4, you have to show that it was a Hindu Undivided Family (HUF) and the property is of HUF. then you all will have a right.
On the other hand, if the mother is the recorded owner, you all are licensee under her. You will have a right to file a case for ejectment but she cannot throw out forcefully.
Answered on 11/06/13, 12:24 am
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