dispute of the residential property
i am staying in a bunglow in aurangabad(maharashtra).
This bunglow is in the name of my husband who died in march2007.
I stay on the groundfloor of the bunglow.
There are 2 blocks on the firstfloor of the bunglow in which my 2 younger brother inlaws reside.
They are staying there since past 12yrs.
They never paid the water and property tax.
My husband was the eldest one among the three.
After my husband's death they want that we should give them the blocks in which they stay.
Actually this bunglow was gifted to my husband by my mother inlaw in the year 1980.
My father inlaw who died in 1998 wrote in his will that
''This bunglow is gifted by my wife to my elder son.
There are 2 blocks on the 1st flor which also belongs to my elder son.
My elder son allowed his 2 younger brothers to stay there with love and affection.
My younger sons can only stay there.
They cant sell or lease those blocks.
While constructing the 2 blocks my younger sons contributed Rs.2lakh each.
If they dont want to stay there they can claim there money and go.''
My husband has nominated the house in my and my son's (19yrs old) name.
After my husband's death they started troubling us.
What can we do to remove them from those 2 blocks?
1 Answer from Attorneys
Re: dispute of the residential property
(a) You may not be entitled to remove them from there.
(b) If your father in law was not the owner of the property, his WILL may be of no use to determine rights of the parties.
(c) The rights of the parties may further be ascertained from the WILL executed by your mother in law.
(d) If your husband's brothers are living there without payment of any rent and like TRUE OWNERS to the exclusion of any rights of your husband, you may not right to evict them from the property.
However, you may contact a local lawyer for better guidance who may provide you legal opinion after perusing your documents. He may also carry out inspection of "record-of-rights" maintained in the office of concerned authorities.
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