Issue legal notice to brother wife to vacate the house
if she refuses file suit for eviction
Encroachment of my house by my brother's wife and her family
My grand father gifted me a plot which is not ancestral and his own upon clearing the debt on land.i have taken house loan and constructed a house on it in 2010.as i am working in indian air force ,my parents have been living in my house since then.my younger brother got married in 2015 ,and he lived separately.unfortunately he went missing in 2020 in mysterious conditions for which FIR was registered in the local police station.after 3 years his wife along with her 2 children and mother came to my house with all their belongings and claiming my house as her own.what to do now, I already paid 3 lac rupees debt taken by my father and brother in 2010 and i have paid 15 lacs in emi till now and will have to pay 4 more lacs. Can i get my house back
Asked 3 years ago in Property Law
Religion: Hindu
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9 Answers
the property gifted by your grand father is your absolute property.
A local lawyer can help you reclaim the house and recover loan/EMI payments.
- Since, that plot was self acquired property of your grandfather , then he was having his right to transfer the said plot to you by way of a registered gift deed without taking others consents.
- Hence, legally you are the owner of that plot and being the owner you was having your right to construct the same
- Further, the wife of your said brother is not having any right to live in the same house against your consent , and her possession in the said house is like a licencee which was given to her temporarily for living only.
- You can send a legal notice to her for vacating the property and to terminate her licence to living
- Further, if not vacated , then file a suit for Mandatory Injunction before the Civil Court.
If your father had gifted this property by a registered deed, then it becomes your own and absolute property.
Neither your sister in law nor anyone can claim any rights over this proeprty for any reason.
Besides you have invested lot of your own money and also have availed loan for the construction of the house, hence it is confirmed that it is your own property, you can issue a legal notice to your sister i law to vacate the house property and if she is not complying with the demand, you can file a suit for eviction.
1. Send a legal notice to your brother's wife and her family to vacate the house, as it's your house.
2. If there's no positive response, file a suit for eviction in the jurisdictional Court.
The land was granted to my grand father as a DK patta land, but in the registration deed it was mentioned as ancestral property. We belong to general category and my brother's wife belongs to SC category. Will there be a chance that it will be cancelled for me and be granted to her on compassionate grounds. In that case what will happen to my expenditure of constructiin of house for which I don't have any bills except the loan statement. My father and brother knowingly got registered the land on my name for clearing the debt of 3 lacs by me and for getting house loan as I am serving in indian air force but they did not sign on the registered document. What are the consequence I will be facing once I go through the judiciary?
Asked 3 years ago
DKT or Darakastu land is a wasteland assigned to the poor and downtrodden people of the state in Andhra Pradesh. The state government assigns land to poor people who do not have enough resources. This land is assigned for cultivation purposes only and no transaction such as sale or buying can happen on this land.
If it is so, where is the question of registration deed?
If the land was allotted to your grandfather and it was subsequently gifted to you by a registered deed, then it becomes your own property.
The original DK patta in your possession will prove that this is not an ancestral proeprty.
Besides your sister in law is an outsider in the family.
If at all she has any rights then she can claim rights only in her husband's rights in the property that in the intestate property out of your deceased brother's share.
It is not known that your brother is alive or dead.
Even if your sister in law is proving that he is dead, she cannot claim any share out of your property, it is not legally maintainable .
You were suggested to take proper legal action as per law and for that you can consult an advocate in the local and proceed as per the suggestions given.
It would not be cancelled but brother wife can claim right to stay in the house
it is your case that in registration document it is claimed as ancestral property
You can go for their eviction in the said matter. You can evict them
Dear client,
I'm sorry to hear about your situation. Since the property was gifted to you by your grandfather, and you have paid off the debt on the land and have constructed a house on it using your own funds, the property is legally yours. It is not the property of your brother's wife or her family.
If they are claiming that the property belongs to them, you may need to take legal action to protect your rights. You should consult with a lawyer who is familiar with property law in your area. They will be able to advise you on the specific legal options available to you.
You may need to provide proof of ownership of the property, such as the gift deed from your grandfather, the loan documents, and the property registration documents. Your lawyer can help you prepare and present this evidence.
It is important to act quickly and assert your rights to avoid further complications. If your brother's wife and her family are living in your house without your permission, you may need to take steps to evict them. Your lawyer can help you navigate the legal process of eviction.
