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Indian Law/What kind of precaution I have to take


QUESTION: I have purchased plot. I took loan for the same. Now I constructed home on this plot and allowed my father, mother, two younger brother and their souses with kids to stay in that house. I am away for the job so I allowed above members to stay in that house. The property belongs to Society and it is on my name and my wife is nominee for the same. I asked my parents to stay in that house till they are alive. I am married and I have 3kids.After their death I will sell that property or occupy for the self. My question is:
1. Whether my brothers can claim that property as their own?
2. What kind of precaution I have to take now so that they will not claim the property and vacate on my request?

ANSWER: Since you had purchased the property , you will remain its true owner untill you transfer your interest in it to somebody else. Further,only the true owner has the right to sell the property.So you have nothing to worry about it.Nominee only holds the property in trust of the beneficiaries.She does not become owner of the property,after the death of the owner, if there are other claimants.If you as true owner desires your brothers and their wives to vacate the property, they are legally bound to do it.However, since they are your very close relatives, please try to amicably settle the problem.It will help to maintain the reputation of the family and allow you to live peacefully.

---------- FOLLOW-UP ----------

Thanks for immediate response. My intention behind construction of this house is to provide good home to my parents in their old age. But my parents can not go alone in that house. Conditions are such that they will be accompanied by my bothers and their spouses. My final aim is that my parents should enjoy stay in the new home and after them I should get back the Home to me for my use.   

I have some more equation.

1. If my brothers and their wives do not vacate the house amicably, then Can I seek legal/police help to vacate the same forcefully?
2. Can I make my wife as joint owner of that house, if yes how?
3. Is there any way so that I can have written consent of my relatives today who would be occupying that house?
4. What extra precautions I have to take so that I will not have much issue in getting back my home after my parents are dead.

As I have already stated that if the property was purchased under your have absolute ownership over that property.You enjoy a right in rem in respect of that property.No body in this world can deny your ownership right of it.Kindly ensure that as per the revenue records,the said property is in your name.It is your absolute discretion to allow anybody in it or to ask anybody to vacate it as and when you require it subject to a reasonable advance notice.In case, the occupants refuse to vacate it,you have every right to take legal remedies including police help for the said purpose.You can certainly allow your brother and their families to stay their so long you do not require it and to vacate it in case of your need.
You can certainly make your wife the joint-owner of that property by following the prescribed formalities with the Municipality.However, for the said purpose substantial stamp duty has to be paid.You can instead make a Will declaring her to be its owner after your death.Even if you do not make it, she will automatically become its owner equally with your children after your death in accordance with the provisions of the Hindu Succession Act.

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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