How to vacant our flats which are under the illegal posession of my father and his second wife ?
Utkarsh Sharan
(Querist) 25 January 2012
This query is : Resolved
My grandfather owned a property (Land on which building (6 flats) is constructed) by the means of sale deed executed in his favour. My grandfather has dispute with my father regarding the property. He was forcing him to execute a will/gift deed in favour of him. My grandfather had lodged lots of FIR in local police station regarding his abuse and harrasement which is lasting from 4 years back to till date. My father has tresspassed two flats of the building with his second wife and continued to threaten my grandfather to transfer his self-earned property in his name. Therefore to save the property from my father he executed a registered gift deed in favour of his 3 grandsons. As it is self earned property no one can claim on such property. What should I and my two brothers do,so that the possesion of two flats which are currenty in the hands of my father and his second wife(Tresspassers) can be removed. How we can remove him from two flats legally?How to remove such persons(Father and second wife) from the property as he is threatning us to leave the propery or we 3 brothers have to face consequenses.
Please provide such solution that he can't reply to our defendant.
What steps we had to take to evacute the two flats under his illegal posession.
Property is in Ranchi,Jharkhand.
Utkarsh Sharan
(Querist) 25 January 2012
..Property is in Ranchi,Jharkhand.
M/s. Y-not legal services
(Expert) 25 January 2012
you have a good case..
just file a declaration suit., along with eviction prayer..
before that just issue a legal notice for eviction., there may be any fruit full result..
otherwise you can proceed further.
-tom-
ajay sethi
(Expert) 25 January 2012
issue leagl notice to father . file declaratory suit and also seek an injunction restraining your father from creating any third party rights .
grandsons are legal owners of said property on account of gift deed executed by grandfather
M/s. Y-not legal services
(Expert) 25 January 2012
right ajay sir.. but the father not entitled to create any third party rights..
so no need that worry.. am not right?
-tom-
Utkarsh Sharan
(Querist) 26 January 2012
Thanks Mr.Ajay Sethi and Tom for providing such a great solution.
Q.1) I just need to ask that if my father could'nt reply to our legal notice, as nothing is in his favour to defend himself and give reply to that legal notice, that is 100% sure. Then what steps have to be taken from our side (3 brothers)
Q.2) Or if he replied with unreasonable answer for example he has no place to accomodate then what will be the further step to be taken from our side?
Q.3) Please kindy elaborate the term leagl notice,declaration suit,eviction prayer, and "injunction restraining your father from creating any third party rights" as per this CASE.
Q.4) Does this case comes under the Criminal Tresspassing or simply tresspassing IPC.?
Q.5) We three brothers are student by profession in D.U. so we are miserable and can't attend court proceedings. Is there any alternative method for epitome any lawyer/advocate/attorney can stand on our behalf and represent us in the court in court proceeding.? If yes, then how to give permit to the lawyer in a safest mode?
I WOULD BE GREATLY OBLIGED IF MY ALL QUERIES ARE CLEARED.
Thanking you
U.Sharan
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 January 2012
1) There are six flats two with your father what about remaining four.
2) Whether the property is not from inherited funds have to be proved.
3) When gift deed was executed at that time your grand father was in normal mental health has to be proved so even registered gift deed can be contested since obtained by misrepresentation.
Raj Kumar Makkad
(Expert) 26 January 2012
You have already been suggested well so now it is your turn to follow the advices instead of increasing the number of suggestions.
Utkarsh Sharan
(Querist) 26 January 2012
Description of Property-> It is a bunglow of 6 flats/portion. (purchased land and constructed bunglow partly from loan and income by my grandfather).
Usage of property->
1 flat/portion is for Landlord or self use.
5 flats/portion is for Tenants or renters.
Current status of flats->
Out of 5 flats 2 are in the illegal posseion of my father.
Previous owner (grandfather aka owner by the means of sale deed) and current owner (grandsons aka by the means of gift deed) are holding the possesion of rest 4 flats/portions.
Grandfather is alive and in a good mental health.
To save that property he executed a gift deed in favour of his grandsons.
Now it is the duty of the grandsons to throw retard criminal minded father and his second wife out of house.
Utkarsh Sharan
(Querist) 26 January 2012
Please clear my doubt regarding my 2nd query time- 12:19:42 pm dated 26 /01/ 2012
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 January 2012
Unless there is no medical certificate with the gift deed the same will be contested on the ground that it is obtained by misinformation for bypassing the legal heir.
V R SHROFF
(Expert) 28 January 2012
What had happened to First Wife, That is Your real mother?
Because, that may be the cause for Grandfather to trf & Your motive to throw ur father on street.
Watch root cause closely, and decide
In civil matter, you don't have to appear before Courts. Hardly twice in a year.
As u r student, your father must be around 45-50 yrs, what is his earning?? Certainly your relations are strained, your step mother and her family must be supporting your father.
These facts not concerning legal aspects, are necessary to find alternate actions.
Legal actions, already explained to you by Tom & Ajay , which I agree.
M/s. Y-not legal services
(Expert) 28 January 2012
sorry for delay mr.sharan..
are you cleared now? or still need any clarification?
-tom-
H.M.Patnaik
(Expert) 27 July 2016
Well advised by Experts above.
Guest
(Expert) 27 July 2016
4 years old student's query unearthed!
