PROPERTY LAW

Q: CAN A STEP SON/DAUGHTER GET RIGHTS IN THE PROPERTY OF HIS STEP MOTHER?

A: Step son/daughter is not entitled to inherit any share in his/her stepmother’s self acquired property.

Q: IF A MAID IS LIVING IN A HOUSE FOR OVER 20 YEARS AND SHE DIES IN THE SAME HOUSE. CAN THE MAIDS FAMILY CLAIM A STAKE IN THE HOUSE? I’VE HEARD OF SUCH CASES HAPPENING IN MUMBAI OF LATE. OWNER OF THE HOUSE DO NOT STAY IN INDIA, THE HOUSE IS LOOKED AFTER BY THE MAID ALL BY HERSELF.

A: No, the maid nor her family can claim stake in the house irrespective if the Owners of the house stay in the house or not. The Supreme Court has ruled that “NO ONE ACQUIRES TITLE TO THE PROPERTY IF HE OR SHE WAS ALLOWED TO STAY IN THE PREMISES GRATUITOUSLY. EVEN BY LONG POSSESSION OF YEARS OR DECADES SUCH PERSON WOULD NOT ACQUIRE ANY RIGHT OR INTEREST IN THE SAID PROPERTY,” the court said.

“False claims and defences are really serious problems with real estate litigation, predominantly because of ever escalating prices of the real estate. ” Litigation pertaining to valuable real estate properties is dragged on by unscrupulous litigants in the hope that the other party will tire out and ultimately would settle with them by paying a huge amount. “This happens because of the enormous delay in adjudication of cases in our courts. If pragmatic approach is adopted, then this problem can be minimised to a large extent,” said Justice Bhandari during the writing the judgement of Maria Margadia Sequeria … vs Erasmo Jack De Sequeria (D) … on 21 March, 2012.

For further reference read: http://articles.economictimes.indiatimes.com/2012-03-22/news/31225170_1_caretaker-real-estate-property.

About The Initiator Adv. Heena Panjabi

An advocate by profession, with an aim to educate and spread knowledge about the law, Adv. Heena Panjabi came to India after living in Dubai for 18 years, with the zest of studying law and fulfilling her dream of being a legal practitioner. Her main motive of studying law was to work with people and educate them about their legal rights, as ignorance of law is no excuse. She started an initiative 'LAW WISE INDIA' with the main motive of providing information, educating and simplifying different laws, acts, rules and regulations in India.

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

Do you think this post is useful ? Why not share it with friends?