Legal Question in Real Estate Law in India

right of flat owner

my father,my sister,my younger brother and his wife who staying in a ownership flat since last more than 20 years and even i used to stay with them before marraige and after marraige for couple of years and then i shifted to another flat and none of them are the owner of the above flat except me.when i asked my father to vacate the flat and told him to shift to rental flat which he ownes on his name where landlord collect the rent.but he refuse to move from my flat and told me whatever you want to do but i am not going to move from here till i am alive.now this is family matters and i want the possession without any problem,so what is best solution to get the possession peacefully and easily and suppose if i go and stay with them,and because of my presence may be they can vacate the flat but is it advisable as per your experience and your knowledge.

please help me and guide me.


Asked on 12/31/07, 3:24 am

5 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: right of flat owner

Please contact personally alongwith the details if in any case you make up your mind to take an legal action.

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Answered on 12/31/07, 7:10 am

Re: right of flat owner

It would be better that you ask your brother to shift in a rental flat/property of your father and then you can shift in flat.It is not advisable to disturb your father.Evenotherwise you are legally and morally bound to lookafter him.Do not go for any legal action in family matters with your father as the same will make an ugely scene.

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Answered on 12/31/07, 11:05 am

Re: right of flat owner

It would be better that you ask your brother to shift in a rental flat/property of your father and then you can shift in flat.It is not advisable to disturb your father.Evenotherwise you are legally and morally bound to lookafter him.Do not go for any legal action in family matters with your father as the same will make an ugely scene.

Read more
Answered on 12/31/07, 11:05 am

Re: right of flat owner

It would be better that you ask your brother to shift in a rental flat/property of your father and then you can shift in flat.It is not advisable to disturb your father.Evenotherwise you are legally and morally bound to lookafter him.Do not go for any legal action in family matters with your father as the same will make an ugely scene.

Read more
Answered on 12/31/07, 11:05 am
Shrichand Nahar S.V.Nahar, Advocate

Re: right of flat owner

It is not appropriate to seek advice of lawyers, since you do not intent to take legal action.

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Answered on 12/31/07, 5:53 am


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