My father bought a house in 1983 and registered it directly in my mom's name. My mom is a home-maker but also one of the director's of my fathers company (Private limited). Since then, my father used this house as his city office (factory is located in the outskirts). After my father's passing in 2013, in 2014 this property was settled to me by my mother and my brother. My brother, mother and I are the only 3 legal heirs of my father. My brother runs my fathers business and continues to use this house (settled in my name since Nov 2014) and is not vacating this house. My mother is no longer the director of this company. Latest Encumbrance certificate clearly says that this property is not registered (settled) in my name. I have the copy of the settlement deed and original mother documents with me. Original settlement deed is still with me. What stake does he have on this property? How can I evict him from my property?
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1. It is not clear whether the settlement deed in your favour is registered or not. if registered then you have clear title in the proeprty.
2.if that is so then to get this back you can file eviction suit agaisnt your brother though before this going for amicable solution is best solution.
3.So send him an eviction notice and file a suit for eviction of licensee.
Thank you sir. The settlement deed is registered with Rs.25000 fees paid. The original settlement deed is with him but as I mentioned earlier, the parent document (registered document with the property bought in my moms name) and a copy of the settlement deed are with me. He does seem to settle this amicably. He is saying that I need to pay him 10 lakhs before he leaves the building. Even if I pay this amount I don't think he will vacate the property. He will come up with a new issue. My mom (in who's name the property was original bought in 1983) is supporting me (daughter). If I file an eviction notice, will it get dragged in the court and take long time to get a verdict in my favour? Does he stand any chance is getting hold of this property if this case goes to the court? Thanks in advance.
If deed of settlement is duly stamped and registered you are abolsute owner of property
2) file eviction suit against your brother
3) your brother has no share in property once settlement deed is executed by mother in your name
1) eviction suit would take 5 years to be disposed of
2) you are abolsute owner of property and you would succeed as settlement deed was duly stamped and regd
3) if your brother refuses to hand over original settlement deed file police complaint against brother under section 406 of IPC for criminal breach of trust
Hii, you can file a eviction suit on the grounds of settlement deed .. However , the court trial may take long proceedings .. My advice is to settle the matter by paying the amount .. Make a transfer/gift deed from your brother and mother in your favour ... It will provide you a clear and sole title over the property , and no rights will be claimed in future by other legal heirs
Without filing eviction suit I do not find any other option.
1. Since the title of the property has been transferred to you a suit for eviction has to be filed by you against your brother to recover the vacant possession of the property.
2. If your title is clear then you will succeed in evicting him from the property. It will take around 2 years in the trial court to get the suit decided.
As this property is in your other's name, it is her own and absolute property.
Since the settlement deed is not a registered document, you cannot claim title to the property.
Your mother has to execute a fresh settlement deed duly registered on your name otherwise you cannot claim ownership of this immovable property vide an unregistered document.
You cannot vacate your brother with this unregistered title to the property.
If this property was transferred ti your name by a registered settlement deed, then you are the absolute owner of this property.
You can issue a legal notice to him to vacate the premises or else you can file an eviction suit against him.