• We bought property and it is on our name my sister is not leaving

In 1996, I sent money from usa to my dad to buy site and build a house on his name since we were unable to travel India at that time.  In 1996 my parents moved in newly build house. During 1997 I had my sister moved in since she didnt have place to live along with my parents. In 2008 we transferred the ownership of the house via Gift deed to us ( me and my wife) from my dad. My sister witnessed and signed the transaction at local Registrar office. Now last 2 years we are asking her to vacate the house and she refused to do. Last 4 months ago she put a claim at local court saying that she indeed has a right in house. 
My question. 
1)She is not paying any rent, how do i vacate her from the house?
2) 2 years ago she made a lease agreement of e stamp paper signed by witnesses acknowleding she will be vacating my May 2014 and still not vacated.
3) Do I need to file civil case or eviction case to vacate her ?
4) Since it is legally self acquired property of my father and she was married in 1994 and moved to her in laws place when my dad bought property does she has any recourse on this?
Asked 3 years ago in Property Law from United States
1. Ordinarily her status is nothing but a licensee and accordingly you can file suit for eviction of licensee against her,
2. If she has done else deed then you can file suit for eviction of lessee after giving her a notice to quit the house.
3. Yes, absolutely.
4. She has no right of share in the house.
Devajyoti Barman
Advocate, Kolkata
13143 Answers
174 Consultations

5.0 on 5.0

1. After the execution of gift deed you and your wife are the co-owners of the property. 

2. Your sister requires your permission to stay in the house. 

3. Your query is silent on the nature of case filed by your sister.

4. If she has been inducted as a lessee then you can evict her by filing a suit for eviction against her. Issue her a lawyer's notice and then file the case for her eviction.

5. The house was registered in your father's name. However, after the execution of gift deed he ceased to be the owner thereof. As a corollary thereto, your sister does not have any share in the house.
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

1) your sister cannot claim any ownership rights on the house . 

2) once gift deed is executed by your father in 2008 you and your wife are absolute owner of the said house . 

3) you have to issue her legal notice and file suit for eviction . 

4) the fact that  your sister has accepted that she was only a lessee and said lease agreement expired in May 2014 will preclude her from claiming any ownership rights on said house
Ajay Sethi
Advocate, Mumbai
46766 Answers
2767 Consultations

5.0 on 5.0

1. She has no legal right to stay in that house against your asking her to vacate it. You had only allowed her to stay therein i.e. gave license to her to stay in your house which you want to be vacated by her now.You shall have to file an eviction suit against her being the licensee,

2. If she had managed to make a lease deed with you, then she shall have to vacate the leased premises after the lease period is over, if the said lease has not been renewed by you. File an eviction suit for vacating your premises by the leasee,

3.Yes, as sugggested earlier,

4. After the property has been gifted to you by your father by executing and registering the Gift Deed, then it is now your property whereupon you have the absolute right, title and interest legally. She wont be able to claim any share from it legally.
Krishna Kishore Ganguly
Advocate, Kolkata
18772 Answers
453 Consultations

5.0 on 5.0

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