Legal Question in Real Estate Law in India

Iam only son of my parents (Hindu) . Married with a daughter 4 years old. My parents stay in one of their flats and we stay in another flat belonging to them in the same building. They do not want to keep any relation with us and even have not wished to see my daughter for the last 4 years. Now they are asking me to vacate their flat and have said that I have no right to their property. Can they deprive from their property.

This property of my father was an ancestral property. My great grand mother had gifted 1/2 share to my father and 1/2 share to my grand father. Subsequently after many years when this entire property was given to the Promoter to demolish the old building and build a new G+5 building with many flats. My father had got a share of 2 flats - one big and one small in the same building along with financial compensation from the builder. Both the flats are in the name of my father. Initially after my marriage in 2001 for first 6 years we were staying together with parents and also contributing Rs 4000 per month as family expenses. But situation was such that my parents were not willing to stay together and they asked me to go to the other flat which we did. Since then they have kept no relationship with us inspite of me calling up or visiting them. Meanwhile I had got transferred to Guwahati and come to Kolkata once a year for 15 days and stay in the flat in which we were asked to move which has all furnitures purchased by me. They have clearly said that they do not want to keep any relation and even have not accepted my daughter who is 4 years old.

They have asked me to vacate the flat as that this their flat and I have no right to live in their flat with my wife and daughter. My questions are:

(a) I had never claimed for any property right but do I have no right to even live in the property.

(b) They have told that they will be taking legal action if I do not vacate the property. Will the Court of Law pass verdict against me.

(c) What guidance do you give on this please. In this way any parents can deprive their children and future of grand children if they have grudges. This is not a sign of parental love but only trying to create problems regarding future of children.

(d) My parents have always told me that it is their property and I have no right to their property from the date of my marriage. After marriage they never tried to adjust with my wife (our's was love marriage) and in every step they tried to prove that we have no right of anything. They have also misbehaved with my in laws from the very first day for which there is no relation existing between them.

In other words my parents have from the first day tried to deprive me of the property. Even when lately when I told them that I would vacate the property but I need to then stay with them along with my wife and daughter, they clearly refused and said that I should make my own arrangements.

When I said that I cannot put the future of my wife and daughter at stake they said that they will take alternate action to vacate the flat. Kindly guide please,

1 Answer from Attorneys

Related Questions & Answers

More Real Estate and Real Property questions and answers in India

Looking for something else?