Eviction suit
1 year ago
Hi sir, I am Srinivasa sankar residing in Chennai for past 30 years, i have a sister and she is staying along with her husband in the my house in first floor from 2016 , my father ( Age 74) has splitted the house which is a self acquired property of him by giving Ground Floor to my son and First floor to my sister's daughter in 2016 June by Registering a will and later in 2022 May , he cancelled both of our wills due to my sister non maintaining of the house properly and denying to pay maintenance charges for doing Essential things to keep the house clean. In July 2022 he did a settlement deed in my name as i am taking care of him for past 20 years and doing all the maintenance works required at home , Now we are asking her to vacate the house and she is denying to that and says , she needs the share from the property, is she liable to get the share as this property is a self acquired by father. Please let know can i file a evection suit against her for vacating the house
Get issue a legal notice under Section 106 of Transfer of Property Act then file suit for eviction.
Anonymous
Replied 1 year ago
Do we need to send legal notice , or can we file a suit evection directly in court
Your sister did have a right over the property but since your father has made a settlement deed in your name your sister's claim would be considered invalid and by staying forcefully on your property, your sister is now trespassing.
though she may file a title suit to challenge the settlement deed.
Thanks & Regards
Subhashis Paul
Responded 1 year ago
A.If the said settlement deed is registered in your favor then you are the sole owner of the said property but if it is unregistered then you need to have signatures of your sister and two other witnesses also for making it a valid settlement deed. Having that you may file an eviction suit against your sister for vacating the said property. In case of invalid settlement deed you and your sister are the joint owners of the said property of your father (deceased) since it is undivided and your father died intestate
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