Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anita Tawde (Coordinator)     20 February 2012

Possession of flat

Dear all,

Need your valued inputs to resolve my problem.

I am the youngest (sister) in the family of 4 siblings ( 3 sisters and 1 brother). I had bought a 2BHK in 2003 on a staff loan then. Since my elder two sisters were married and my brother working abroad my parents moved from our family house to my house.  In 2007 I got married and since my husband also owned a 2 BHK I gifted this flat to my brother. The gift deed was registered and the house was transferred in his name. The mutual agreement was that my parents will stay there and he will take care of them. I did foreclose the loan before transferring the flat. Subsequently he got married in 2009 and his wife stayed with him (abroad) for few months and then returned back. She is staying with my parents in Mumbai. SIL is not taking good care of my mum too. My father passed away in 2010. However, things are not working out between my brother and her. They do not have any kids too.  

As per my mutual understanding with my brother since she was not able to take care of my mum. we have transferred this property back in my name as a gift deed and also registered the same. the socitey formalities are also done. However, I'm not sure how do we go about asking my SIL to leave the house as as per past behavior I don't think she will easily move to my parents house which is a smaller self sufficient flat. My mum will stay with me and I intent to give that flat on rent.

Please give me the procedures to legally give her notice and ask her move out of the house. Legally can she claim a share in this flat.

 



Learning

 2 Replies

Shantilal Pandya ( Advocate)     20 February 2012

Some  points  are requred to be  clarified 

Whether the first gift deed  includes that the  gift is  conditional one ?   if  not  then  your SIL may object to  reconveyance  through  gift  deed  saying that  the transfer is  gratuitous  and the property is burdened with   the right  for her  to  reside in , in which case   you may not be  able to  secure  possession  .

 ,  interpretation  of  both  the  gift  deeds  would   frunish  some  clue   how to  proceed with  the problem .Oral evidence  for the  conditions imposed  with  the  first  deed  may not be  allowed by the  court .however  circumstance  for  reconveyance  and  the  contents of  the  second  gift  deed  may  help to   some  extent ,how ever you  can  with prior notce  file a suit  for  recovery of the flat in  question  joiing your  brother  as  a  co defendent with  SIL .  it may  be  that  the reconveyance by  gift deed  was  within knoweldge    of your SIL  and  her not  objecting   may  amount to  consent  for  retransfer. but in any  case she  may  file    proceedings  against your  brother  for   maintenance  which  may  include   provision for  residence  as well

Anita Tawde (Coordinator)     21 February 2012

thank you Mr. Pandya for your prompt response below are my clarifications.

1) While we prepared the first gift deed the agent mentioned that you cannot have conditional gift deed hence it was not included in the gift deed. However, it was mutually agreed on a plain paper signed by witnesses within the family and one family friend

2) The second gift deed was executed without her knowledge because of her irrational behaviour

However, my brother has been giving her maintenance money seperately in her account. She can shift to our family house in that case. We do not have any issue with that. My brother will be paying her all the maintenance.

Once she moves to the family house in future can she still claim the possession of this flat. As both my brother and my SIL have not paid any money to acquire this flat.

Thank you so much for the help.

Reagrds,


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register