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SMany banks and finance companies these days, include life insurance coverage with loans. So check with his bank or finance company regarding this. If it exists, you might be able to save the house.
Also get your father’s PAN card and mobile number, and use some service like Paisabazzar to get a CIBIL report. It should help you have an idea of all his debts.
SOnce a tenant, always a tenant. Adverse possession will not apply, unless you can prove that the old lady had some sort of agreement with your grandfather, which is highly unlikely.As such, the property rightfully belongs to the legal heirs of the old lady. Even if the old lady did not have any Class 1 legal heirs, the property will pass on to her Class 2 or Class 3 heirs. So there’s no way you can legally claim a title over that property. So better forget it.
If you think of dragging possession for too long, someday, the distant relatives might end up filing a legal case and might even seek arrears of rent for several years, and the result will very likely be against you. So I’d suggest it’s better to slowly vacate by yourself.
SIt seems real. I just checked the cause list for the 19th MM Court Kolkata for 17th of April and there are a dozen other cases like yours where the court has issued Bailable Warrants. Usually court issues Bailable Warrants when its initial summons are ignored and the respondent doesn’t show up. So you better hire an advocate asap to represent yourself or if that’s not possible, appear in person and get the case copies. Otherwise, next time they might issue a Non-bailable warrant.SSale Deed between father and son is unnecessary and would incur excess stamp and registration fee. You can do it through a Gift Deed or Settlement Deed which would cost lesser stamp duty and registration fee.SIf you’re a Hindu, you should be able to get maintenance from your father through a Family Court under Section 20 (3) of the Hindu Adoptions and Maintenance Act, 1956 given your situation.The legal provision reads as follows:-
> The obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own earnings or other property.
There’s another provision under Section 125 Cr.P.C. but its applicability is very narrow. It would apply for an unmarried daughter above 18, only if her inability to earn stems from a physical or mental abnormality or injury. So it won’t apply.
