Legal Question in Real Estate Law in India
My father bought a property directly in my name (son) in 1989. So per sell deed, I am the owner. My father died in 1993. At that time me and mother stayed in the property. Later in 1998 I got a job in Delhi so I had to stay in Delhi. Now to look after my mother I brought my elder sister to look after her. My elder sister was married but husband left her. So from 1998 to 2020 my elder sister was in this house . Now recently my mother died in apr 2020. My question is whether she can claim any rights in this property by any means for example she stayed here for 22 yrs.. The property is clearly in my name. I need a best lawyer to deal my case if she file any property rights.The property is an independent house located in Malda West Bengal. As per my understanding since the property is clearly in my name and I did not rented my property to her and she was just staying to look after my mother, so clearly the property belongs to me. Please provide your expert opinion. Thanks
1 Answer from Attorneys
She certainly cannot claim ownership rights in the said property unless your father while buying the property in your name had used funds out of an HUF. If the money was his self earned money, then absolutely she cannot claim the ownership rights. But please note, that, she has rights to continue to stay in the property as a Licencee (without Licence Fee but out of love and affection) until you terminate the LIcence.
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