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sundar (Manager)     16 May 2012

Gift settlement

My father has two wifes. I am first wife son. We have a house and right now the house is occupied by second wife and their childrens. I have got "gift settlement" from my father for this house.  My father got this house from his grandfathers gift settlement deed mentioning the concerned property should be given to my son(grandfather) and his son(my father) (not daughter). How can i take the posession of that house, and how to get them out.


please advise



Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     16 May 2012

on the basis of the gift deed file a suit for possession against second wife and her children.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     16 May 2012

File a suit for recovery of possession as aforesaid. 

Ajit Singh Cheema (practising Advocate)     16 May 2012

Civil suit for possession against the second wife of your father and childern is the only and the best option.

Adv B.B.Gambhir #9814820602 (advocate)     18 May 2012

first of all my dear brother, as per section 122 of Transfer of property act, a gift deed without delivery of possession have no value in the eyes of law. the same fact is also quoted in a citation 2009(4) Civil Court Cases 672( Punjab and Haryana) so as far as the question of taking of possession is concern, as per my opinion, treat the opposite party as tresspasser and then file the suit for possession.

 

 

 

 

 

 

 


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