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what are the right of step son step mother property


My father gift my step mother his self earned propety (when he was under treatment of nerologist. Age 70 years). Now property tile on the name of my step mother, gift dead cancellation suit was pending in honble court since 2013 and now my step mother also died on 23.12 2018. my step mother have two girt( both are LLM) and two sons also.  I am elder son (from first wife who died) and also have 2 brother and one sister of first mother,  My father house under my possession since that house build and  now my step sister and brother want to vacat from my father house which is now on the name of may step mother, my step sisters are advocate the manage all the conspiracy and taken all property on the name of his mother. Also no allowed my dad to apper in court. no status co in earlier suit.

Can my step sister and brother have right to vacate me from house forcefully.

 Now our lawer advice us to file partion suit. Pl advice what type of case have to file 

 
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LAWYER

You need to file a partiyion suit with application for grant of status qou. Maintian the possesion .Seek directions from the court if your peacefull posseion is disturbed. Also file application in the pending cancellation of gift deed suit for mainting the status quo with regard to suit property and also pray for direction that the defendant i.e your step mother is retrained from selling or lalenating the property till the suit is finally dispossed off. 

 
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Originally posted by : vijaykumar U jaiswar
My father gift my step mother his self earned propety (when he was under treatment of nerologist. Age 70 years). Now property tile on the name of my step mother, gift dead cancellation suit was pending in honble court since 2013 and now my step mother also died on 23.12 2018. my step mother have two girt( both are LLM) and two sons also.  I am elder son (from first wife who died) and also have 2 brother and one sister of first mother,  My father house under my possession since that house build and  now my step sister and brother want to vacat from my father house which is now on the name of may step mother, my step sisters are advocate the manage all the conspiracy and taken all property on the name of his mother. Also no allowed my dad to apper in court. no status co in earlier suit.

Can my step sister and brother have right to vacate me from house forcefully.

 Now our lawer advice us to file partion suit. Pl advice what type of case have to file 

Legally, ethically, morally the property does not belong to you.  Before they kick you out as they are Advocates, you should vacate the house yourself to avoid embarassing situations.

Now what your advocate suggested is criminal intent, file some case and keep the matter dragging so that you will not have to vacate the place.  That seems to be the idea behind it.

Both the parties, father and step mother and your mother all have died.  A gift once given cannot be taken back. Now parties have died.  So what your father did holds good.  Or else life long litigation for you and those advocates.  Advocates will happily go to court daily but what about you?  It is self torture to file partition suit.

File it and see whether they come for settlement, take money and be square.  No point in dragging matter till you die.  Nobody will be happy.  Remember this.

 
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I DO NOT WANT TO VACATE HOUSE BECAUSE IF I VACATE HOUSE THEY WILL DEMOLISE IT. THE HOUSE IS MY FATHER LAST EARNING. AND IT IS ABOUT 2000 SQ FEET. THEY TAKEN ALL FD AND ONE FLAT ALSO. THEY ARE NOT READY TO GIVE WE FIRST MOTHER FOUR CHILDREN ANY PART OF ALL MY DAD PROPERTY

 

 
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