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preethi nambiar (researcher)     22 June 2014

Plse help

Mymother  gave his house to me by giftdeed.with clause that she should be permitted to brother is also staying whenever he comes for 2mths yrly even when he has another house given by my mothr.what can be done to evacuate my bro.


 12 Replies

Laxmi Kant Joshi (Advocate )     22 June 2014

Preethi once your mother had gifted that house to you and you had mutuated in your name then you are the sole owner of that property you can use it as you wish , as per condition of the gift deed only your mother has right to live there , if any /your brother comes and resides there as you said 2 Months , and if you don't want this then told him not to come for reside in your house as you have your Home in the same city , if he come to meet your mother tell him not to stay at night and if he opposes that he has also right to live in his mothers house tell him strictly as per deed condition only mother can stay with me , for more you can call police for that ,and keep the record with you .
1 Like

Adv Archana Deshmukh (Practicing Advocate)     22 June 2014

Your brother is staying in your house for only two months in a year. So, instead of taking the matter legally you can talk to him straight or involve some relatives or friends to speak to him and make him realise that he is not welcomed person in your house or that you do not like his stay in your house. I think that will be sufficient.

1 Like

Suneet Gupta (     22 June 2014

As per the gift deed, your mother has right to stay in the house for life. This condition is usually meant to include having guests in the house. She has reserved her life interest in the house , which actually devolves to you completely only after her death. Therefore, if your brother comes and stays in the house as a guest of your mother for two months in a year, she has a right to invite him, and it will be difficult for you to evict him legally.

I suggest that you speak to your mother and your brother and try to gauge his intentions. I am sure that you are unnecessarily getting agitated, and your brother might be only coming to stay with his mother without any malafide intentions. If this is true, then you can rest easy. Else if you believe that he has any designs on your house, then perhaps your mother will understand this and stop entertaining him in the house.

In any case, going for a legal solution will hurt your mother, strain your family ties, and yield no final solution. (Sorry to brother advocates for hurting our profession :-))

1 Like

preethi nambiar (researcher)     23 June 2014

Thank you for expert is dhananischaya aadharam . Can it be cancelled and rewritten. Ive requested my mother many will she rewrite it

preethi nambiar (researcher)     23 June 2014

Immean reqstd my mother to let them stay in their house

Suneet Gupta (     23 June 2014

Your mother cannot revoke or re-write the gift deed. She can however, voluntarily give up her right to live in the house gifted to you. Additionally, you can request your mother not to allow your brother into the house, and to let him live in his house when he comes to the city.

In any case, I believe your brother lives with your mother for convenience and affection, and not because of any nefarious designs. It is not possible for him to lay claim to your house in any situation and you can rest easy on this account.

1 Like

preethi nambiar (researcher)     23 June 2014

sir, they have given their house for rent and the purpose is solely monetary benefit.

Suneet Gupta (     23 June 2014

Three options:

  • You can discuss this with your mother and ask her to come and live with you. In this case, you will also be able to give your house on rent.
  • You can shift into the house with your mother and give your present residence on rent.
  • You can ask your brother to share the two month's rent he receives from his house with you.

I am not sure there is any legal option for you to force the third choice, and it will have to be voluntary.

1 Like

Laxmi Kant Joshi (Advocate )     23 June 2014

Preethi your mother cannot cancel the gift deed , you are the only one owner of that property, if you don't want any person there even your brother then talk to your mother and find out amicable solution , your mother loves you and your brother too , don't make it any big issue otherwise differences will come in between you , go for amicable solution .
1 Like

preethi nambiar (researcher)     23 June 2014

Thank you laxmikant joshi sir and suneet sir

preethi nambiar (researcher)     23 June 2014

Thank u laxmi mam 

preethi nambiar (researcher)     23 June 2014

Suneet sir , thank you for great reply to my queries.ill try not to break my family anyway.

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