Legal Question in Family Law in India

A couple ( family) are residing in a house in Goa, for about 20 , years .

The house is beeing maintained by them , no consideration is being paid to the owner , The sister of the wife above.The house was handed over to the family , to be eventually their property upon completing the legal formalities.

The sister ( owner) now refuses to pass the title over to the family, and also is considering to evict the husband only from the said house .( the Wife , who is the sister of the owner has filed a false complaint under the domestic violence act.)

the question is 1. can the owner evict the family & what is the remedy available to the family in terms of long possession?

2. is it proper to evict only the husband and not the wife ? remember the wife is colluding with the owner, what would be the remedy available to the husband in such a situation?


Asked on 7/14/11, 4:25 am

1 Answer from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

Your status in the house is of a licencee and the owner can any time evict you from the said house which she is doing now. The period of stay does not help you .If your wife does not wish to live with you, you cant force her to do so too. The better way would be to leave her and divorce her.

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Answered on 7/15/11, 12:26 am


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