What to do if my sister refuses vacates my property
Querist :
Anonymous
(Querist) 09 December 2023
This query is : Resolved
My grandfather ( died) settled his property to his two of his daughter, elder daughter and younger daughter . The front portion of building to elder daughter and back portion to younger daughter, it is done through registered irrvokable settlement deed. He gave life interest to his wife ( grandmother) ( died). His wife ( grandmother) was living with elder daughter and family in front portion. And the younger daughter was living with her family in the back portion. One outdoor bathroom and room which very clearly belongs to the area of younger daughter, was been used by grandmother when she was alive and elder daughter was using it , since that time grand mother was alive and has life intrested the younger daughter left it, after the grandmother died a month back the elder daughter is still using it and put a lock and refusing to give the portion.
So what should we( younger daughter do) we younger daughter are absolute owners now and title owners with all proper document and patta.
Querist :
Anonymous
(Querist) 09 December 2023
In short what to do if our siblings is not vacating our property after the death of parents, we are absolute owners with patta and and all documents
P. Venu
(Expert) 09 December 2023
No definite suggestion is possible unless the settlement deed is perused and the issues discussed.
kavksatyanarayana
(Expert) 09 December 2023
The settlement deed contains what was said, they shall bind on it. Both are own sisters settle the issue amicably or show the settlement to a local advocate and follow his advice.
T. Kalaiselvan, Advocate
(Expert) 09 December 2023
If the registered settlement has clear demarcation of both the properties and the said room occupied by the other person who is not entitled to that, and refuse to vacate then the aggrieved party can file a suit for ejectment, recovery of possession and permanent injunction to eject her from the property and restrain her from interfering or disturbing the aggrieved person's enjoyment of the property in any manner.
Querist :
Anonymous
(Querist) 10 December 2023
@kalaiselvan - can we file a summary suit .. will the process be lengthy
Querist :
Anonymous
(Querist) 10 December 2023
@kalaiselvan - can we file a summary suit .. will the process be lengthy.? The settlement deed and patta has a very clear demarcation of boundary of both the property. It's very clear that the elder sister is staying illigal in younger sister property
