Property Issue with siblings Property Issue with siblings

2 years ago

Can you please guide / advise me options of solution in regard my property. Matters facts are below:

1-We are 4 siblings, two brothers and two sisters (younger sister recently expired in May 2021)
2-Almost 29 years back in 1992 my father expired, and being an elder son I have to take care of my all three siblings and mother also. I was the only one who was working and earning in the family when my father expired. We all were staying in 2 small house on rent that was too was being paid by me in cash to landlord.
3-Having worked for some years, I deposited some money and bought a house in 1998 and money which I paid to the seller by cash and chques from my account. Since my mother was alive and we all were staying together, I bough the house in my mother's name (through notarized sale deed).
4-In 2000, my mother too expired and the same year my elder sister got married.Now we three siblings were staying together in that house.
5- In 2001 I bought a big house from own earnings and savings and shited to new big house with my younger sister and brother before my marriage in 2002. both my younger siblings were students and dependent on me.
6- After few years in 2007, my younger sister got married against our family wish and moveout with his husband to a separate rented property. Unfortunately, her husband died in 2012 and recently in May 2021 she also expried due to covid19 and thjey have a minor son aged 10 years. All these 10 years I was supporting my younger sister and paying her rent and reasonable amount to meet her eaxpenses. Over these years I tried to relocate my younger sister to my first flat so she could stay safely along with my youger brother but my brother didn't allow her to stay with him all these years as they used to fight each other over small issue since their childhood. As I didn't want to spoil the peaceful atmosphere at home, I didn't pressurised my younger brother to accommodate and allow youger sister to stay in the same house to stay together, and I kept paying all rent and house hold expenses to my younger sister.
7-Next....later my young brother, who decided not to get married in life as he wanted to stay single throughout his life, moved to my previous house in 2010 which I bought first in 1998 when my mother was alive. Since I didn't doubt his intention I permitted him to stay in my first home.
8- Now since my sister has died and left a minor son (10yrs) I want to get vacate house from my younger brother so I could sale it and buy a small house close to my house for my nephew, who is orpahned now, so in future I could transfer the house to nephew grows and becomes adult.
9- Now my brother is not willing to vacate house and my elder sister is also supporting him in the matter.
Please suggest best possible solution so I could get my house vacated from them. The original documents of the property is still in my possession. Please advise .....

Kishan Dutt Kalaskar

Responded 2 years ago

View All Answers
A.Dear Sir,
It is little bit complicated matter and your advised to approach local advocate with all your documents to get exact legal advise otherwise you may be mislead. Always minimize the length of your question.

Rate me Five Star*
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

View All Answers
A.Hi,
You do not need to be concerned if the legal documents are in your favour. You may serve an eviction notice on the party you wish to remove using a creatively written eviction notice. To do so, you must first file an eviction notice with the relevant authorities in court, detailing why the property should be evacuated.
Thank you very much.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
If the legal documents are in your favor then you don't have to be worried. You can send a cleverly worded eviction notice to the party who you want to evict. To do so, you must first submit an eviction notice in court with the appropriate authority, explaining why you want the property vacated.
Thank you.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.Property transfer can only be done by virtue of registered Sale Deed,therefore, notarized Sale Deed has no legal value and the earlier landlord is still the Owner of that property . First of all it is necessary on your part to perfect your title and that's why it is necessary to scrutinize the documents of the property which are in your possession to find out the legal perspective.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconhow long can a school legally retain confiscated items - mobile phone
Dear Client The School can take a mobile phone in a circumstance if they feel it necessary and expedient, but they must give it back to the student at the end of the school day. The school does not h...
question iconCaste change
Dear Client, In India, caste is inherited from the father's family, not the mother. There is no provision for changing the Caste. But in certain circumstances - where the mother is divorced or widow...
question iconTree near boundary
Dear Client, It is advisable to discuss the issue with your neighbor and try to solve it amicably. If it's not resolved through verbal request, then you can send a legal notice and demand them to make...
question iconProperty way dispute
Dear Client, You need to adhere to the schedule of the property as mentioned in the Sale Deed. As per the sale deed, you are entitled to the common passage area of 9 feet passage. However, suppose the...
question iconSuit for Declaration Clarification
Dear Client, Chapter VI of the Specific Relief Act 1963 provides for Declaratory Decrees under Section 34 of the Act. Any person entitled to any legal character, or to any right as to any property, ma...