Light bill transfered worngly by my cousin

imran (Querist) 02 August 2014 This query is : Resolved
About a flat..

I am from Ahmedabad Gujarat

My father had died in 2008. He had purchased flat in 2005. Builder had given only on deed to him at that time. No share certi or else was on my fathers name.

We are two brother and one sister.

I leave abroad and I come here once a year.

I have a cousin, when my father was alive in 2005 we all decided to give this flat to my cousin.

All of us two brother and sister had given NOC to him on 100 Rupees stamp paper saying that my cousin he can put all his name in all type of property documents.

But with this papers the builder did not agreed to put flat in his name till now.

But in 2007 the flat was of 6lakhs and now this flat is 30lakhs above.

I have recollect all the document including that NOC documents

SO i gave 2 laks rupees to builder and put the flat in my name.
Share certificate and dastavage is done in my name now.

But few days ago when i came to india, i came to know that my cousin has put name in that flats light bill and have stick his name plate in front of that flat.

I do i get rid of him now.
I am also thinking to take morgage loan on that flat.

Please help me what to Sir PLEASE HELP

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ajay sethi (Expert) 02 August 2014
you are in possession of said flat . legally you are the owner of flat . remove your cousin name plate . also apply to electricity provider for transfer of electricity meter in your name . you have not executed any gift deed in favour of your cousin . hence he cannot be the owner of said premises

imran (Querist) 02 August 2014
Sir my cousin leaves their i have given NOC and taken back he had the xerox he is also in the member list what should i do now sir please tell me can i take some legal step against my cousin

please tell me

imran (Querist) 02 August 2014
he leaves their since 2006 sir

Devajyoti Barman (Expert) 02 August 2014
It is quite astonishing that in one fine morning you broke your promise put into writing and tried to get back the property which you gifted your cousin.

Once you have done this,you have to pay price for this.

ajay sethi (Expert) 02 August 2014
if he is in possession of the premises you will have to file suit for eviction . no gift deed has been executed by you . the document signed by you on Rs 100 stamp paper is not duly stamped and registered

imran (Querist) 02 August 2014
Devajyoti sir but what can i do currently he is leaving their with his family.

And i need for money urgently

I think i will take mortgage loan on that flat and not pay installment.

I think i will do that

Devajyoti Barman (Expert) 02 August 2014
FILE A SUIT FOR EVICTION.

Raj Kumar Makkad (Expert) 02 August 2014
You cannot mortgage a property which after gift has been given to your cousin but I think you have defied the Islamic Law while gifting your property as a Muslim cannot gift more than 1/3 share of his property in gift. You have only this aspect of hope.