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sister and her husband not vacating house


My father constructed a house on self acquired land in 1994 which was later extended to a double storey building by me. Ownership was transferred for both the land and building in favour of me by way of gift deed.My father passed away few months ago.Now my sister came to our house along with her son and husband to reside permanently.They often make trouble with me and brother in law dont do any work.They are totally dependent on me and becoming my headache day by day.When i told them to vacate the house they argue that they have equal share in the house.Please guide me what can be done.Can sister claim her share?
 
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senior

The problem seems to be demand and supply. Stop the supply the demand will stop automatically. Discuss your issue with your wife and if possible with his parents for a solution

 
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Deputy Manager

If your sister is occupying any of the two storeys, since last 12 years with your knowledge, and you couldn't evict her and her family, then it is case of 'adverse possession'. Use minimum force to evict them without a injury, or lodge a police complaint of trespassing etc. (but no use after 12 complete years of her occupying).
 
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instructor

As you said ownership transferred to you by mode of gift deed , it proves that you are the sole owner of that property you have every right to vacate your property from your sister , firstly put pressure on her by your respected relatives from your and her husband sides if no result comes then file a police complaint under sec 448 ipc
 
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Deputy Manager

448 is treespass, where if proved, then either one year RI or Rs. 1000/- fine to the treespasser. But here sister has occupied half of the immovable property (probably a storey) of her brother.
 
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