Regarding eviction of family members from gifted property

Querist : Anonymous (Querist) 21 September 2024 This query is : Resolved
my sisters father in law gifted his house property (self acquired property) to my sister. Other family members (my sister husband two brothers and their family) constantly making clashes with father and mother in law (both are senior citizens) and not taking care of them and also unnecessarily quarreling with my sisters family as they are taking side of father and mother. total family dispute. As my sister was pregnant and her father and mother in law has medical issues. My sister is residing in rented house at other place along with her father and mother in law since last 1 year. Due to serious medical issues her mother in law dies before 3 months and after her mother in laws death her father in law gifted his acquired property to my sister with taking concern of her husband as both of them constantly taking care of them. Can eviction of family members from the gifted property is legally possible or what are the consequences legally

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T. Kalaiselvan, Advocate (Expert) 21 September 2024
If it was you sister's father in law's self acquired property then nobody can challenge the transfer of property by a registered gift deed in favor of your sister by her father in law.
in that situation nobody can file any eviction suit to evict them from the gifted property including her own father in law if there was no condition imposed in the gift deed.

kavksatyanarayana (Expert) 21 September 2024
Yes..The property is self-acquired by her father-in-law and no one can file a case against him.

Querist : Anonymous (Querist) 22 September 2024
Actually My sister's husband's two brothers along with their family are currently living in the gifted property and my sister is living elsewhere on rent. That is, they are in possession of the gifted property. So can they be legally removed from the gifted property? and what is the legal process of their eviction from the gifted property not of my sister eviction

T. Kalaiselvan, Advocate (Expert) 22 September 2024
You can serve a legal notice to vacate them, failing to comply, you may file a suit for ejectment to eject them from the property.

Querist : Anonymous (Querist) 25 September 2024
Is ejectment is possible legally and how much time it will take by filling suit for ejectment?. Is their possession can create complications in filed suit?

T. Kalaiselvan, Advocate (Expert) 25 September 2024
This is a regular case and it may take the same time as any other civil case, and the time taken for disposal of the civil suit cannot be predicted owing to various factors involved in it, you can decide about filing the same based on the suggestions and opinions obtained fro your own lawyer in the local

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