Legal Question in Real Estate Law in India

my mother died without a will of self acquired property (not ancestral) . Me, my brother and sister signed a (registered) relinquishment deed in my father favor making him absolute owner of property. My father gifted that property to me via registered gift deed.
Now i want to sell that property (house) in which me and my brother lives.
How do i evict my brother from the house ?

Asked on 5/19/12, 7:51 am

6 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

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Request him to vacate the house or else file a suit for possession against him .

Answered on 5/19/12, 8:26 am

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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above reply is given without application of mind. a lawyer needs to go through the relinquishment deed in favour of your father and also the gift deed in your favour in order to suggest you the best course of action.

Answered on 5/19/12, 8:55 am

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Fca Prashant Chavan Expert Edge LLP

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19.05.2012

Dear Sir,

It is always advisable to retain good family relations.

Even though your father has gifted the house in your favour making you the owner, it lies in your interest that you talk your brother and sister into your intention of selling the house in the best interest of all, and agree to part with a fair share of the sales proceeds to your brother and sister, in the manner you best deem fit, instead of taking the entire sales proceeds and straining family ties forever, let alone the money.

Seeking legal action for eviction of your brother will only worsen matters, isolating you and leaving you exposed with your problems to the outside world, and remain at your advisors mercy.

You can mail me for any further on-line advice at [email protected]

Regards,

Answered on 5/19/12, 9:25 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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He may be entitled to challenge the relinquishment deed and the gift deed. Better you drop the idea of evicting him without reaching an amicable settlement.

Answered on 5/19/12, 7:49 pm

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ranganathan raghavachari R.Ranganathan & Associates

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You can go in for eviction but before doing anything first it is better you get opinion from a lawyer showing all the deeds such as relinquishment deed and the gift deed to avoid future complications. It is easier to give opinions offhand but it may suit you or not has to be seen. So in these type of matters it is necessary to go through the clauses in the various deeds. Kindly reproduce the same if you can. Contact if further advice needed at [email protected]

Answered on 5/20/12, 11:47 pm

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