• Possession of house

We have an self acquired house at sagarpur in new delhi which is divided in two parts, front side belongs to my mother and backside is on my fathers name and having separate registered GPA. My sister suit a case in 2011 on my mothers property for ownership. she claims that property was purchased from her divorce alimony amount. Earlier this property was on my uncle's name he has sold it to my mother but my sister is having agreement deed without any stamp and same date cash transaction from bank n basis on that she tries to proof that it was given to her and says that my mother has made it on her name fraudulently which is totally wrong, she was present at the court when property was registered and she received property papers herself from magistrate office after stamping. So I would like to know whether any procedure to get that receipt/Signature basis on what my Sister has collected the documents from Magistrate. If yes how can I get that proof? Now she want my mothers portion on her name so filed a case which is going on since 5 years at dwarka court but didn’t get stay order yet. In 2012 she apply stay in High Court but high court disposed off in 2014. After that trail continue in District court Dwarka. Moreover she is staying at the back portion of the fathers property n also occupied front portion illegally which is on my mothers name at ground floor n also occupied one room in first floor where we are staying. Now we have only two room from six for five person. I want to file a case to get my fathers portion vacant but when i approached my lawyer for filing a suit for my fathers property to get vacant he is suggesting me that not to do so because already one case is going on & said that my sister lawyers can co-relate with the mothers property n it will be very tough for us to proof n get the same vacant. My parents wants to sell this property or else they want to make a gift deed on my name as soon  as possible. Can they make gift deed on my name, when case is under trial?
 
Now need best suggestion what can be done sooner with best possibilities so that it can be resolved as my sister are doing wrong activities day by day n we are getting rid of it now. We want to move from this house as soon as possible.
 
Please Advice
Asked 5 months ago in Property Law from New Delhi, Delhi
Religion: Hindu
1) your father can execute gift deedin you name for ha sell acquired property

2) he can also sell his portion of House 

3) if sister refuses to vacate file eviction suit against sister 

4) your mother can only sell or gift her portion if there is no court stay 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
1. The onus to prove that the portion of your mother was purchased out of her alimony is on your sister. Your father is free to file a suit for eviction against her to evict her from his portion. The two cases will not be merged. 

2. The pendency of the case, unless the court has ordered injunction against creation of third party rights, does not operate to stop your parents from executing a gift deed in your favour. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
Your sister has filed this vexatious and flse case and the same is going on for five years.  Contesting  this case by your mother is a different subject to that of your sister illegally occupying the property belonging to your father or others.
If she is occupying your father's property without any valid ground or reason, your father may file a suit agaisnt her for ejection from the illegally occupied portion.
Further your father as well as your mother can very well sell their property in the absence of any restrictive order from a court of law or even can transfer the same in your name by way of registered gift deed. Pending litigation is not a bar for selling the property.
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
1) you have to take search in court records of your case and you would get copy of the receipt signed by your sister 

2) your  father is absolute owner of property and sister cannot claim any share during father lifetime 

3) sister would not get any stay order 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
1.   I would like to know whether any procedure to get that receipt/Signature basis on what my Sister has collected the property documents from Magistrate at the time when my uncle transferred the property on my mother’s name as I remember she has collected the original documents from magistrate. If yes how can I get that proof?

First of all there no magistrate who will register the property, it may be the registrar who you have mistaken for magistrate. If she collected the document at the time of registration while accompanying your mother to the registrar office, it may be due to her own influence or by some fraudulent mode. Instead of probing the past fraud you may apply for a certified registration copy and procure a copy by yourself from the registrar's office.





 
2.  What will be the valid ground of eviction from my father’s side so that court doesn’t deny.

It is your father's property, he wants her to leave the property which has been illegally occupied by her.  This alone is a sufficient and strong ground to seek to eject her from the property.




3. Can my Sister get stay on eviction due to case is under trial with mother or other reason?

No, she cannot combine that property case with this, she is not having any right in this property so her application for stay my not be considered by court, but your father has to be vigilant about it.
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
1. A title search would have to be conducted in the office of sub-registrar to trace out the receipt and other documents. For this you would require the assistance of a local lawyer.

2. Your father as the owner of his portion of the property can evict anyone therefrom.

3. A stay cannot be sought on eviction as these are two separate cases.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0