What is my right to get access to my deceased parents' home?
I am vising Mumbai from overseas. My family member is having the keys of a flat. I had my own set of keys earlier but were handed over to the same family member when I left for a job overseas. My request to provide me keys and access to the flat are not responded by the same family member. The property is vacant for many years but may have some old furniture in it. I want to occupy it for around two months. My whole life since childhood, university and few years of job is spent in this property. The disputed will matter of a parent is dormant in Mumbai High Court. No decisions are made. The case involves the family member above and the other siblings challenging the will. What are my legal rights to live in this property while I visit Mumbai? Your Options in Sub Area of Law are not relevant to my question. This is why I just selected RTI to proceed.
In your situation regarding the flat in Mumbai, you have a few legal considerations. Since the property is vacant and has been part of your life for many years, you may have a claim to occupy it. However, the absence of keys and lack of response from the family member complicate matters. Legally, you do not have the right to forcibly enter the property without consent, as this could be considered trespassing. To address your concerns, you might consider sending a formal written request to the family member, outlining your intention to occupy the flat during your visit. If they continue to deny access, you could explore legal options.
In your situation, your legal rights to occupy the flat depends iIf you have a claim to the property as an heir or beneficiary in the disputed will, you may assert your right to occupy it, especially since you have a significant personal connection to the property. First, attempt to communicate again with the family member holding the keys, documenting all requests for access. If you are still denied access, you might take legal action by filing a suit for possession or petitioning the High Court, given the ongoing will dispute. While RTI applications are primarily for information requests, they can be useful if you seek details regarding the property or related legal proceedings. Consulting a lawyer will provide clarity on your specific rights and possible actions.
Sir, you may have a right to occupy the property if you can demonstrate a historical connection, but the ongoing will dispute complicates matters. You can consider seeking a temporary court order with the help of an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
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