Property dispute

gaurav (Querist) 30 March 2012 This query is : Resolved
sir,
i got da ownership of property by virtue of gift deed made by my mother.now my brother who has already relinquished his share in the favour of his mother long time back is residing in the property.. now i want that he should vacate the property but he has refused now somebudy suggest me to file suit for possesion and other suggest me suit for vacation. can u tel me which suit is better and how i got ma property vacated from ma brother as early as possible. plz suggest me best course of action.

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ajay sethi (Expert) 30 March 2012
is the gift deed duly stamped and registered ?. why is your brother refusing to vacate when he has relinquished his rights on premises?

try to involve family elders to resolve the problem . if nothing works out then file suit

SAINATH DEVALLA (Expert) 31 March 2012
Dear Gaurav,

Do you have a registered gift deed given by your mother? On what basis your brother has relinquished his share? Was he given any alternate property?If so and if the deed is registered,you are the absolute owner of the said property.What was the document executed by your brother for relinquishing his share?

If you can kindly answer these questions,amicable solution can be provided.

Guest (Expert) 01 April 2012
Depends upon registration of the gift deed and acceptance of gift by you during the elife time of your mother.

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