Query 02 December 2016

Gift deed was done to me but sister not leaving the property

Hi,

I am the younger daughter of my parents (both senior citizens). I have one elder sister.

My father has a house which is two storeyed. The house was originally built by my grand father. After the demise of my grand father and grand mother, all the siblings of my father did a gift deed and gifted the house to my father. The gift deed was duly registered.

My elder sister is living with her family at the house of my dad for the last 10 years, in the ground floor. My parents live in first floor.

Recently, my parents faced lots of mental torture from them and domestic peace got disturbed. It involved police visits at our house where elder sister has done false allegations against my parents. Post that, my parents thought of asking my sister to move from the house which she did not comply. In this situation, my parents, based on an advocate's suggestion, have done a WILL and a Gift Deed in which the whole property is given to me. Both the will and the gift deed have been registered.

In the meantime, my sister has done a case of injunction against my parents. The procedure of will and gift deed were started before the injunction case was registered.

My questions are:

a. What should be the logical next step for me? My objective is to move my elder sister and her family from the house.

b. Can my parents do any case against her (civil/criminal) which may make the procedure of making my sister leave the house faster?

c. Can I do any procedure/case and what can be the expected length of time before I get any result?

d. What kind of cases can my sister do which can allow her stay in the house?

e. My sister is trying to start a commercial setup in the ground floor where she is living. I think that may help her in the injunction case. What should I do regarding that?

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7 Replies

Kumar Doab (FIN) 03 December 2016

Which personal law applies in this case e.g; Hindu?

P. Venu (Advocate) 03 December 2016

"my sister has done a case of injunction against my parents." Please post the complete information.

Query 03 December 2016

Hi. I am hindu. My sister has done a case of injunction such that temporary injunction is passed against any property related activities corresponding to the area she is residing now, such that she can stay there.

Samarpan (M)99958670740 (Free legal advice and legal aid cell) 05 December 2016

The whole property is given to you by will and gift, both are registered. As the gift deed is registered, you are the absolute owner of the property. As the property is divested by your father to you, they have no right to take any legal action. But you have. What you should do is to serve a legal notice for recovery of possession of the property on the basis of registered gift deed on your sister giving her 15 days notice and file a civil suit in the court seeking recovery of suit property and also meanse profits, i.e., rents from your sister from the date of gift deed registration and also interim application that she will not change the nature of suit property, ie., from residential to commercial. It will taken two and half to three years for you to get the decreee of suit property. But from the date you file suit, your sister starts to behave properly with you and your parents and her belligerant behaviour will go away in thin air.

Kumar Doab (FIN) 05 December 2016

The valid/registered gift deed confers title/ownership with immediate efect.

You can act as owner.

Contest on merits.

Advocate Bhartesh goyal (advocate) 27 December 2016

Having received the property through registered gift deed,you have become absolute owner of property.Now you can initiate legal proceedins/acttion to oust your sister and her family members from said property.follow the advise of Mr Samarpan.

sathyanrayana J (sse) 04 January 2017

You have mentioned that your parents are senior citizens. You can use senior citizen act 2007 and approach sub collector to recover the property. You should say that your parents are not having any source of income for their day to day activities and medicines. So your parents need rental income from that house. So your sister to vacate the house something like that. if you use senior citizen act 2007, you can get the possition quickly within months.