Gift deed & right on property

shankar.T (Querist) 26 November 2011 This query is : Resolved
My father has executed a gift deed on my name & my mother's name without the signature of my brother. the land acquired by him only. now the problem is my brother is in possession he is not vacating the house which i want to live in. At the time of executing gift deed he refused the part of the property hence, my father executed the part on my mother's name.
what to do

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Devajyoti Barman (Expert) 26 November 2011
If the land was acquired by your father by his own earnings then your brother has no right over it.
You have to now file a suit for eviction of licensee against your brother.

Rajeev Kumar (Expert) 26 November 2011
Agree with expert

Sankaranarayanan (Expert) 26 November 2011
yes no legal right for your brother.

Raj Kumar Makkad (Expert) 26 November 2011
You can serve a legal notice to your brother seeking his eviction on the bases of will and thereafter should file a civil suit for eviction of your brother. Take your mother in your confidence prior to moving ahead as her cooperation is must for you.

Shailesh Kr. Shah (Expert) 28 November 2011
your brother have no locus standi.

M/s. Y-not legal services (Expert) 28 November 2011
yes.. am also agree with experts..

alternatively if its registered gift deed mean you can file a declaration suit, along with the additional prayer to eviction..

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