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SVM1234567 (Marketing Executive)     15 July 2014

Property rights

Dear Sir,

My father purchase a property in my mothers name in 1964. They developed the property and construct double storied building in it in year 1997 and allowed my brother to stay in first floor due to his financial position.. Since then my elder brother troubling my parents in all manners asking to write whole property in his name. For which my parents are against. it. He field a case for partition of property which was decreed in my parents name. Then my father field a case against my brother to vacate the property.  This was also decreed in favour of my parents. On this my brother went to court for stay and temporery stay granted to him with cost. This case was going on for the last 15 years. This year my father expired and my mother is also 85 years age. Now she is ready to gift the whole property in my name to stop further complications. My question is

If i accept to take property through gift deed it is possible for me to vacate my brother from the house since property is in my name.

It is possible to take any action when case was pending in High court .

 

Please advise..

Regards

Murthy



Learning

 1 Replies

adv.raghavan (Advocate,9444674980)     15 July 2014

Yes you can proceed with the same.You will havea valid title. He has got stay only  with regard to eviction suit and not on partition suit,  first try to vacate the stay in high court. then start the eviction process In the process try to highlight the plight of your mother in the court.


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