Legal Question in Real Estate Law in India

Can we appeal for our house

I am 20yrs from the north living in Bangalore.My dad who is a govt employee purchased a house here in 1990, but he did so in the name of my mom who is a house wife with no income.The house now is in a good location & we stay in a part & the rest is rented.Last year my mom seeked divorce and dad agreed with no maintenance or any compensation so was termed as is.she has since remarried.Now she is asking us to vacate the house.Dad is a well paid but we have to move to a rented house.Since the house was purchased by my dad(& is shown in his income tax etc details) but is in my moms(who had no income or inherited property/money)name is there any way in which we can stop ourselves from being evicted from our own house


Asked on 5/13/06, 5:47 am

1 Answer from Attorneys
Balasubramanya Beeranna Balasubramanya&Ramesh Associates

Re: Can we appeal for our house

You have to take injunction not to evict as the house is only a benami registered in your mothers name.

Your father has to prove that he paid the sale consideration money and that money came from his account he has earned that money and not from your mothers account or name.

since you say that it is declared in income tax department about the purchase of the house by your father , this is one such evidence but get all the documents available with you and take an injunction from court.

meet a lawyer and discuss with all the relevant documents available with you and what is available with her and he will guide you.

she cannot just like that cannot evict you, go to the police station and complain in writing and take protection if necessary. say that you are a tenant if necessary. but do not give anything in writing of you being tenant.

Regards

B.Balasubramanya.

advocate.

Read more
Answered on 5/15/06, 11:55 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in India