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pawan (director)     27 October 2012

Family dispute

FATHER DIED AND WILLED HIS SELF BUILT PROPERTY IN WIFE NAME. MOTHER DID GIFT DEED TO ONE SON.INDICATING PEACEFULL POASEESION HANDED OVER TO HIM FROM OTHER SON RESIDING WITH HIS FAMILY ON ONE FLOOR .NOW OTHER SON FAMILY IS NOT VACATING ONE FLOOR WHAT IS THE REMEDY.HE DOES NOT TAKE CARE OF PARNETS ETC....



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 6 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     27 October 2012

BOTH child have equal right in the said property of father as it is from father .

Adv.   NIKHIL SETH

pawan (director)     27 October 2012

Now already a gift deed is in favour of one son , as father willed to mother

adv. rajeev ( rajoo ) (practicing advocate)     27 October 2012

Deased has exeucted a will of his self acquired in favour of his wife and wife has executed a gift to one of the sons, so on the basis of the gift son become the absolute owner of that property.  He has to file a suit against another brother for eviction / possession. 

Whether gift deed is regd.,?

pawan (director)     27 October 2012

yes with full stamp duty paid

A.SUMATHY 9380902017 (LAWYER)     27 October 2012

adv. rajeev opinion is correct, if property situated otherthan metro city i.e. chennai, mumbai, delhi, calcutta.

if property is situated in metro city will should be probated.

Chetan Joshi (Advisory/Advocacy)     27 October 2012

File an EVICTION suit....


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