• 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 3 years ago in Property Law from Kolkata, West Bengal
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
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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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
Ajay Sethi
Advocate, Mumbai
26123 Answers
1420 Consultations
5.0 on 5.0

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