Legal Question in Real Estate Law in India
My mother's father was a Sanskrit scholar and professor in sanskrit colleges. As they had no son, mother's old father and mother spent their last life at my mother's house. He had also made a will in my mother's name to be the sole owner of the rights of many books and text books he had authored.After his death my mother had been getting some royalty from my grandfather's books. Afterwards, my mother, by her own effort was also a good writer and doing hardwork as Usha sewing instructor.By her own income and selling her gold ornaments she managed to purchase a landed property in her name where our residential house was built in Puri in Orissa.All the family members including my father,two brothers and myself were styaying there.I am the only daughter of my parents.My father who was a retired govt employee has ancestral property at a different place.
In year 1995 my younger brother's wife died after one year of her marriage and my father and brother were convicted for life in lower court suspecting dowry death.However, the case is pending in High Court and my father and brother are released on bail.In year 1999 after conviction, my father's pension has been stopped by the department mysteriously.As they had no other resources for their livelihood and to fight in upper court for justice my mother wanted to sell the propoerty which was in her name. To upkeep the prestige of my parents, I, now the married daughter purchased that property in year 2002.My brothers had also no objection. With proper sale deed now the property is in my name since last 8 years.I am also doing financial help to my old parents and they are staying with me.
I have been staying in Delhi and want to build my house in that property. But one of my brother's wife is now claiming to get that property and has encroached a part of it in my absence. My question is will my sister-in-law get any share from the property I purchased from my mother?Do not the old parents have their right to sell their own property for their living ? Without taking the care of my old parents can the daughter in law claim on my property ? I have tried to settle her at another place but she is adamant getting support of some anti-social elements.I am ready to give some money but she does not agree.
Can I get justice in the court of law to evict her from my place ?
S. Laxmi
Delhi
1 Answer from Attorneys
In case of self acquired property, nobody else would have any claim enforceable by law.
Question of getting justice or otherwise would arise only after you approach the Court.
In the given facts, apart from approaching the Court, there appears no other legal option.
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