Legal Question in Civil Rights Law in India

Dear Sir,

My father & my divorced sister both have forced me to move out of my house after my mother's death in Oct 2007. They used to threaten me of police complaint and of some other anti social personalities that I am being voilent to my father, sister & her son. The said flat was purchsed from my earning during my stay in Abroad and was in my Mother's name. She has not made any will due to her unfortunate demise. But she had given my name in the Nomimation form to the society without signing the sameas she was not educated. I have my Rationing Card, Passport, Voting rights of the same place. Police says this a Civil matter and they cannot interfere. My father & Sister both I not allowing me and my wife alongwith our 1year son to stay in that house. We are now however managing on rental basis flat. The flat was purchased during 1995 and since 2001 my father & mother were staying in that room and I used to come after One year from abraod. After that my sister returned back to this house due to her divorce matter and we gave her full support and shelter. But now after my mother's death her attitude has changed and she is trying to take the house in her custody with due support of my father as he has great attachement to with his son. I had stepped out because of my wife's pregnancy and for the sake of my wife's safe delivery. After 6 months I said I am returning with my family and they objected to it and said to the police that I am forcefully trying to enter into their house. How does it become their house. Even the society Secretary is supporting them and they had made a Indemity Bond for transfering the same in their name. The same matter I had highligted to the police and they said that this is a civil case and we cannot do anything.

Kindly advise and suggest how can I enter again in my own house rather than shifting from one place to another.

I am in deep trouble as all my savings were utilised for the maintenance of my family. Since 2001 I have not been to abroad and am in India.


Asked on 10/19/09, 3:07 am

1 Answer from Attorneys

Seshadri Srinivasan www.lawconcern.com

You are entitled to stay as you have a share in the property. Challenge the indemnity bond.

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Answered on 10/19/09, 7:46 am


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