A can evict b from the said property through senior citizens Act. He can also give all property to Call if it's his self acquired property.
Regarding Settlement deed
A is a father, B is a second wife, C is a adopted Girl for them. Now A is 63 yrs old, C is 26 got married. B is torturing A to transfer his properties in her name for past 3 yrs. B & C not having good relationship from Childhood itself now it become too worse. But A is having love & affec on C as his own daughter. After getting torture from B, A make settlement deed to C without any condition all his property one month ago. B lives in that property and not allowing A & C to enter in that property. Becoz B already given complaint in AWPS against A & C like trying to kill me so B is making scene if A or C goes there. A is already giving maintenance to B. A is also ready to vacate B from That property. A is already taken a rented house and living separatly. Now how C has to take charge of her property and to vacate her from that house. with out any legal complication.
Asked 6 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
10 Answers
C has to file a suit for the possession of the property in the civil court. The civil suit can take time to settle but that is only way other then compromise.
C has to file suit for eviction of B as once gift deed is executed duly stamped and registered she is absolute owner of property
The question here is that be is your legally wedded wife and she have all the rights of wife to live in that property as you have made the settlement deed in favour of your daughter first of all the property should be self acquired property to make the settlement deed in this case if it is ancestral property you cannot make any deed your wife can you stay in the property subject to the suit you have to file eviction sweet against her to event from the property which is going to take some time instead you have to negotiate the matter in between without the legal complication and tried to give some compensation for that so that she can move out of the property
You can simply enter into your house by resisting the objection if any and can also apply reasonable force without causing any grievous hurt or injury while entering and/or removing the person in question. If you can not do this then make a complaint to police that the person is making nuisance in your house and not allowing you to enter into your house and request police to remove the person from you house.
If you go to civil court it may be a lengthly process.
Hello,
B is the illegal occupant in the property and C being the title holder of the property can file an eviction suit and get her out of the property which is in illegal possession of B.
regards
Ask C to file injunction and eviction suit agasint her and tell A to stop any financial support to B until she vacate the house.
C Having only 1 option left is to initiate legal process to make her evict the premises.
C cannot vacate B from the property that has been settled in her favor without due process of law because B cannot be removed or thrown out of the property by force or by any illegal means because she had been residing in that house which is deemed to be her matrimonial home.
C can file an eviction suit followed by a legal notice instructing B to vacate the house property as the same has been transferred to her by a registered deed.
You may consult an advocate in the local and proceed on the advise rendered on all such further issues.
Dear
If C wants to take charge of the property now she first has to get the settlement deed cancelled from court by filing a case for cancellation of settlement deed on ground of making the deed by forcing A by some restrain.
Then after that A should make Gift deed in name of C for transferring the property to his daughter then after that C can file eviction suit against B to make her vacate the house.
