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syed mubeen ali (engineer)     05 June 2011

declaration of title & posession

Hi!

My father (muslim) married to a tribal lady(christian) that is my step mother.he that is my father  purchased a property in her(step mother) name as he was abroad.after five monthes when he returned he has taken registered release deed from her in his name & constructed a pucca house.the land was anabad bihar sarkar  for which my father had filed title suit  & got decree in his name.after 25 yrs he has sold the same property to me by registered sale deed.i have given him the equivalent amount of the property.my step mother is docter & she is having her nursing home in the same house & in first floor we are residing.last month my father has expired.I am staying outside & other my family members were staying in the same house along with my step mother.now with the help of local police she has forcefully removed  my family memebers from  the house on the ground that as originally it was in her name so the house belongs to her.. she has manged the sp of city.

My step mother  has  done FIR & on the basis of that they removed my family members forcefully & also file a case against my family memebers under section 427 & 448.

so my uncle whom i have given GPA  also file a crimnal case against police & my step mother under ipc 147,149,330,380,440,451 &506.

case proceddings have not yet started its just begining.

Do i need to file civil case for decleration of title & posession & permanently injuction.

Kindly suggest me how can i get the her out from my house & enjoy my property.

I am eagerly waiting for the reply from the forum members.

 

regards

 



Learning

 1 Replies

SACHIN AGARWAL (ADVOCATE)     13 June 2011

Since you are the owner of the proeprty, you are not required for declaration of title. However, you can approach the Court for possession.


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