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 according to u I am the sole owner of the property. But what about that room under lock and key ? I dont want to go any further legal suite.I can sell the property at less price under encumbent.But I am hesitant because this is
all property i have. can I use duplicate key and sell my brother in law's furnitures and make it encumbent free.He has no proof that locked the room. should I do it? will it get me into future legal trouble? free from any trouble is my ist priority.
Asked 2 years ago in Property Law from Kolkata, West Bengal
please suggest a suitable course of action.
Asked 2 years ago
Hi, dont take law in your hand and it is better file suit for ejectment and take possession of the property.
you are absolute owner of said house . your brother in law has no rights , title interest in said house . ask your wife to convince her brother to vacate the said room and hand over keys to you . if necessary pay him some money to vacate it .
if he refuses then you have to file suit for his eviction as he has no rights on said house . under no circumstances remove furniture from the room by means of duplicate keys
If the gift deed made by your mother-in-law in favour of her daughter is stamped then latter became the absolute owner of the property, which she could transfer to any one she so desired. Now that she has transferred the property to you the ownership thereof has passed from your wife to you.
You will not be able to sell the property if you do not have possession thereof. Do not even think of opening the lock with a duplicate key as by doing so you will give an open invitation to criminal proceedings being launched against you by your brother-in-law. Additionally, he may also succeed in obtaining a stay order on the sale of property by you. If you succeed in selling the property before he obtains a stay order then he may challenge the sale, which may result in the prospective purchaser bringing a legal action for damages against you. You will thus have to prosecute and defend multiple legal proceedings. It is illegal to throw his furniture out. Adopt a safe approach. File a suit for possession in order to vacate him from the property.