yes you have obsolute right to sell ,your brother in law will be considered as tresspasser,your BIL has no right to go for injunction. you can file suit for possession
Opinion for redressal of property disputes
My mother in law gifted my wife a villa/house. My brother in law also got another property from his father which he latter sold . My father in law died in 2005. But my brother in law continued to live in the house which belonged to my wife & promised to vacate the room soon.But after my mother in law's death he refused to vacate the room & went away to his new apartment by keeping the said room under lock &key & fully furnished.Now in the mean my time my wife transferred the property to me through a registered deed without any opposition. Now my question is that can I sell the house to third party? can my brother in law throw injunction to this transaction? what will I do about the room which he kept under lock & key?I am facing difficulty to sell my house as no one is accepting it with lock. what should i do?
Asked 10 years ago in Property Law
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2 Answers
It may be noted that my brother in law claimed 50% of his mother's property which was gifted to my wife by her mother through registered deed. Is it a valid claim?
Asked 10 years ago
it is not a valid claim . although your mother in law had gifted 50%of property to your wife she has in turn executed gift deed in your favour . as on date you are absolute owner of property and can sell the said property if you so desire . your brother in law wont get any injunction restraining you from creating third party rights in said property
