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Brother took property by force how can I get it back
18-Jun-2023 (In Property Law)
My brother took a gift deed from my mother without her willing so she filed a case that he forced her and there was a Will made stating the property belongs to me after her demise.During the case pendency he gifted his wife the property now he and my mother is nomore, his wife and children totally abscoding after selling their property.now the tenants whom my brother had left for rent is refusing to vacate as he has prepared a document forging my brothers signature that he took 5lacs.Will the last will come into place or what will happen and how to vacate them as khatha is in his wife's name.
Firstly since the case was pending in the court, the gift of the disputed property given by your deceased brother to his wife is invalid. Secondly if your deceased brother had taken Rs 5 lakhs from the tenant then tenant should file for recovery case and therefore he has no right to occupy the disputed property in lieu of money given to the deceased brother. Thirdly you can file an eviction suit against the tenants for wrongfully occupying the disputed property.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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