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Janaki (Home Maker)     29 May 2011

Property gifted to daughters

Sir/Ma'am, We are 4 siblings to our parents. 2 sons and 2 daughters. First 2 are sons and the last 2 are daughters. I am the last of all of them. Our father had made a property (a 2 storey house on 264 sq ft) of his own by his own hard work. He had his copper fabrication workshop at the ground floor. Our eldest brother had unlawfully snatched our fathers business of copper smith. And the portion on the first floor. In the meantime our father had legally transferred the property between the daughters (me and my elder sister) fearing that the brothers could cheat us. Elder sister was married with children then and I was unmarried (now married). Our elder brother continued to unlawfully occupy the ground floor shop and the portion on the first floor. Now my elder sister has returned to my parents (living on the second floor) on being widowed. Can we legally vacate our elder brother from the first floor and also vacate the ground floor shop so that my elder sister could use them for her livelihood?


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 6 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     29 May 2011

In the given facts, your brother has no legal right to continue in that property and you both being owners can get vacation of your house from your brother by way of civil court.

adv. rajeev ( rajoo ) (practicing advocate)     29 May 2011

If your brother is not heeding your sister's request to vacate the premises, she has to file  suit for possession/eviction against your brother.  If your brother is denying the tittle then she will have to file a suit for declaration , injunction and possession.

Janaki (Home Maker)     29 May 2011

Thank you for your prompt advise, sir.

Janaki (Home Maker)     29 May 2011

Sir, please suggest a good advocate's contact details to take assistance.

Janaki (Home Maker)     29 May 2011

Sirs, I need contact details of affordable lawyers in Chennai.

deba mohapatra (regional manager)     30 May 2011

yes you can file an eviction case to vacat the house


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