Parental property transfered in my name, occupied by my sister-in-law widower
vinay bhardwaj
(Querist) 16 January 2013
This query is : Resolved
Dear Experts, My mother owned a flat in delhi where she was residing with my brother,his wife and his child. My brother expired 7 mths ago and since then my mother is staying with me at different location in delhi.My widower sister-in-law is presently occupying that property with her son and her family members.My mother, after the death of my brother expressed her will livingly to partition that property to my sister-in-law and to my 2 other brothers and hence asked her to vacate so that she can expedite her will. My sis-in-law refused to vacate premesis threatening my mother with legal proceedings.After that my mother has transfered the property in my name and I am the lawful owner. What rights have I got on that property? How can I get the premesis vacated? I am also willing to pay my sister-in-law's share in property.
ajay sethi
(Expert) 17 January 2013
has your mother executed gift deed in your favour ? waas document duly stamped and regd ? contact a local lawyer in Delhi .
you will have to take legal proceedings against your sister in law for claiming posession of said flat
ajay sethi
(Expert) 17 January 2013
has your mother executed gift deed in your favour ? waas document duly stamped and regd ? contact a local lawyer in Delhi .
you will have to take legal proceedings against your sister in law for claiming posession of said flat
vinay bhardwaj
(Querist) 17 January 2013
Dear Mr Ajay Sethi, Thanx for your reply. My mother has transferred the allotment of the property in my name and I simultaneously got it registered in my name with DDA.My mother's material possessions are also lying in that house.I have few doubts.
1) Does my sister-in-law still have any right-to-residence in my property?
2) Can she still fight for rights of the son of my deceased brother?
3)Can I rent out the property now even if she refuses to vacate it?
Devajyoti Barman
(Expert) 18 January 2013
Transfer of allotment and transfer of property itself are different.
If the property itself is transferred by way of gift deed which is registered on payment of stamp duty then you are its absolute owner.
Else all the legal heirs have equal share in it.
Raj Kumar Makkad
(Expert) 21 January 2013
Nothing to add more in the already given advice.
