Legal Question in Real Estate Law in India
Squatters rights
My mother owns a home in south
India. She is currently living with me
in america. Her brother-in-law at the
moment of her absence is watching
over the estate; however we can not
trust this man at all even if she dose.
Can she secure this home by her
writing a will here in the U.S., stating
that her sons will gain owner ship
after her passing. Or worse case
senerio can he claim squaters rights.
She has brought all the paper work
and keys here to the states, but he
has a set inorder 4 him to go and
clean up and make sure everything
is secure.
3 Answers from Attorneys
Re: Squatters rights
She needs to consult with an attorney who is licensed in the state of her residency here and also licensed in India. If India has regional licensing, then in the region where the property is located.
Re: Squatters rights
Yes, your mother can execute a will at America. Her brother in law can not claim any right over the property.
Re: Squatters rights
If you are Hindu, whether a Will or no Will, all the property of your mother would devolve upon her Class I heirs i.e. her sons, daughters, husband etc. In case she is not having any Class I heirs, then only other heirs like brother-in-law would be entitled to it.
In case, your mother is likely to be in USA for a longer period, better option would be to give the house property on leave and license basis for residential purposes to some sound company or individual. This will not only keep the property well maintained but also earn you money. In most of the States, their are special protection provided by law for landlords giving their houses on leave and license basis for residential use, which includes expeditious eviction and penal compensation in case of default by licensee.
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