• Claiming property settlement from possession

Party A – Elder Brother (Bachelor)
Party B – Younger Brother

Party A has got a residential property measuring 750sft, in which he had given 250sft to party B by way of settlement deed in the year 2012. Now Party A passed away who was in possession of the entire 750sft along with his relatives. Currently his relatives are in possession (entire 750sft).

1.	Please guide on how Party B can claim his 250sft which was settled in year 2012
2.	How to get the relatives vacate the 250ft and demolish the space
3.	What if they defend and unwilling to vacate the claimed space
4.	How can Party A get this space quickly without any complications

Please answer to the points and give your suggestions/options as well. Please elaborate the pros and cons as well.
Asked 2 years ago in Property Law from Chennai, Tamil Nadu
1)is deed of settlement duly stamped and registered?was possession handed over at time of execution of deed? 

2) B should issue legal notice to relatives to vacate the 250 square feet of property .

3)if they fail to vacate file suit for eviction .

4) it is better to arrive at an amicable settlement 

5) suit for eviction may take some years to be disposed of
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1) for gift to be complete possession has to be handed over . if it is residential property and both donor ie elder and the donee ie you and other relatives were in possession it is not necessary that donor should have delivered vacant possession to you 

2)since relatives are refusing to give you possession file suit for recovery of possession as you are the owner of 250 square feet of property
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. Was tge settlement deed registered?

2. If yes, was possession of the said portion handed over to B by A?

3. If yes, then B is the absolute owner of the said 250 sq.ft area,

4. B can issue legal notice to the relatives of A asking them to vacate the said  portion of the property,

5. If they refuse, B should file an eviction suit,

6. Evictin sit is expected to take years to be disposed of.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. I suggest that do not say that possession was not handed over by A to B,

2. It may create legal complecations later on,

3. Accuse that the relatives have trespassed in to or illegaly take possession of your settled property,

4. File an eviction suit accordingly.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Hi,

 1. in the present situation a suit for  eviction is the legal option, which will take few years to end this dispute. For this first send a legal notice demanding to vacate the premise  of 250 sqft as per the settlement deed. if not responded positively file an eviction suit

3. who are these relatives, Are they legal heirs to B.  since both the parties A & B, mentioned are brothers, and the party "A " was unmarried, if he died intestate, "B" automatically is one of the legal heir of "A" and have right to his rest of the share.

2. Before initiating the eviction proceedings in the court, it is better to see whether you can call them for a discussion and  reach to a settlement.

3. If the relatives are not ready to  hand over the possession, you have no other option than approaching a court with an eviction suit.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. If the settlement deed was registered in favour of B then neither A nor his relatives has any right to occupy the property as ownership stood transferred to B on the execution of the deed of settlement. 

2. The only legal recourse available to B is to file a case for eviction in the court to evict the relatives of A who are occupying the property. 

3. Even if the possession was not handed over to B by A at the time of execution settlement deed it doe snot impair the right of B to seek redressal from the court.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Filing eviction suit is the remedy available to B as B is the absolute owner of the property.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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