Legal Question in Real Estate Law in India

I am living in property (DDA MIG Flat)property purchased by my father which is mutated in my and my brother name almost 12years back. Its top floor with terrace. Our uncle was living for years at little construction at terrace for years. He has left the premises and shifted somewhere else 3 years back but locked the terrace. All papers are in the name of me and my brother and all bills come under our names.

He was having one gas connection in his name along with voter I cards and Adhaar card from this address

My question is that is there can be any legal action against us if we open the terrace door as all legal papers are in our name?

Asked on 11/28/13, 12:15 pm

3 Answers from Attorneys

Vishwa Arya Arya & Co.

You have not mentioned in the arena of facts whether your Uncle was paying any amount per month and also on what basis did he occupy the terrace?

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Answered on 11/28/13, 5:32 pm

yes you cannot break open the lock without due process of law. Even if you are the owners you will have to ask him to vacate the at 9312411481.

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Answered on 11/29/13, 7:02 am


You will have to give a little more detail about your arrangement with your uncle before I can give you an idea of what your legal strategy should be. Normally, under the circumstances that you mention, you are the legal owner of the complete house and as the terrace is part of the house, you have every right to enjoy its use as well. The fact that flat is mutated in your and your brother's name means that both of you have the legal right over the property, and not your uncle. All your uncle can claim is that he was living in the flat, and that too on your generosity. I think that it will be best if you explain all the facts and circumstances in detail to a good lawyer and get advice.


Advocate Ashok Kumar;

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Answered on 11/29/13, 10:03 pm

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