1. You have stated that the house was gifted to your father by his 3 brothers. Who was the original purchase of the house prior to the gift deed being executed? If your grand mother was alive at the time of execution of gift deed did she also sign the gift deed?

2. Your father became the owner of the property after the gift deed was executed in his favour. He was the applicant for the loan which was applied to and sanctioned by the bank/financial institution. So EMIs had to be paid by him alone. Now if he stops paying the EMIs the bank will attach the property.

3. In terms of the gift deed executed by your father's brothers, your father is the owner of the house. He cannot force his brothers to contribute to the EMIs of the housing loan. Since your father's brothers are not contributing to the EMIs he can evict them from the property by filing a suit for eviction against them in the court. They need his permission to even live in the property of which he is the owner. This is the only legal remedy available to your father.

4. The brothers of your father may file a case for cancellation of the gift deed which they had made in favour of your father. However, they will be on a very sticky wicket in the court as they had executed the gift out of their free volition.

1) since gift deed has been executed by all brothers in favour of your father as on date your father is baolsute owner of the said house .

2) the housing loan has been applied for in your father name . responsibility of paying EMI falls on your father .

3) further your father has paid X amounts to his brothers . you have not mentioned how was payment made by cash or cheque .

4) if your father had forced his brothers to write property in his name what were the other brothers doing for so many years . even if they file suit for setting aside gift deed it is very doubtful whether court would pass any orders in their favour

Hello,

1) As all the other brothers executed a Deed of Gift in favour of your father he is the absolute owner of the house that was constructed.

2) Now that the loan was taken in your father's name he is liable to pay the EMI each month regardless of the arrangements among brothers.

3) You or your father need not be much worried about the baseless allegations of the brothers that the they were coerced into making a gift deed as by the very essence a Gift is given with free will and without any kind of consideration or inducement. It would be nigh impossible for them to prove that there was any use of force in getting the Gift Deed.

4) As your father has made a settlement by making a payment as you mentioned your father must file a petition to evict the brother who is in possession.This should be done immediately even before the uncles think of making any legal steps.

Hi,

If your father can prove that he has paid the said amount o his brothers, their claim will not substantiate.

2. There is not much possibility that they can get an order to cancel the gift deed .

3. The previous loan as well as new loan will be a favouring thing to prove your father that he has the intention to own the property and he invested his money ,irrespective of the disposition of the EMI contributed by the by the others.

4. Your father should actually evict him from the property by filing a suit. Legally and technically everything for a good case /merits are favouring your father. He does not have to worry about the accusation that he has forced them to sign a gift deed. This can only be lame excuse

1) once gift deed is executed duly stamped and regsitered your father is absolute owner of property .

2) repayment of loan was made by your father .

3) even if your father dosent have evidence of cash paid to his brothers he still remains absolute owner of the said property .

4) your father should file suit for eviction against his brothers if they make his life miserable

1. After the demise of your grand father who was the original purchaser of the property his legal heirs i.e his widow and children succeeded to his property in equal shares. Since all the legal heirs of your grand father had executed the gift deed in favour of your father the latter became the absolute owner of the property.

2. As the absolute owner of the property your father can evict his brothers from the property by filing a suit for eviction against them.

3. Any challenge to the gift deed by your father's brothers will have no legs to stand on in the court.

Hi,

1. your father should send a legal notice demanding them to vacate premise and then file an eviction suit and the occupants, they will not be able to hold on to their claims .

2. The money paid to them can be established as he can show there was a source of money as he had sold his property.

3. The gift deed will be treated and will stand legal and any plea to cancel it will not be allowed.

4. The loans are a favouring aspect to support your father in terms of documentary evidence so , he should go ahead to establish his absolute right and should evict the illegal occupants, his brother

Hello,

1) In the light of the explanations you provided it is still the fact that your father now in the absolute owner of the property in virtue of the Gift Deed that the other heirs executed.

2) It is but imperative that the question of a consideration being paid would not arise as the very nature of gift does away with the aspect of any consideration received. Hence your father is in no way obligated to prove that he paid the brothers.

3) As your father is being tormented for being good natured, you need to prompt him to shed his soft nature for now and move a petition to evict the encroacher.

1. The share of the property of all other brothers have already been conveyed to your father through Gift Deeds,

2. The loan for constructing the house has also been taken in the name of your fatjer,

3. Your father is now the absolute owner of the said property,

4. Hope mutation has already been done in the name of your father,

56. The claim that your father had forced his other brothers to execute the said Gift Deed has no merit since had it been so they should have reported the matter to local police which they have not done.

1. make sure that when your uncles had executed the Gift Deeds in favour of your father, they did not have entered in to any agreement with your father in connection with the said property,

2. The property now belongs to your father. His brothers can not claim that they had gifted their share of the propertry to enable your father to avail loan for constructing house thereupon,

3. Your father can now file an eviction suit to evict his brothers.

your father is the absolute owner of the house because of execution of gift deen in his favour. but there is some flaws that EMI is paid by all four brothers for several months. valuation is conducted and there was a proposal to sell the house to the real owner by rest of three brothers. if your father is absolute owner then how can valuation is conducted and how a real owner is ready to buy his own property.

you should file civil suit for the specific performance of contract on the basis of agreement among the all brothers to pay emi jointly( if all dues are paid by your father then claim recovery od emi amount with interest from your uncles). it is sure that your uncles will refuse to pay it. then your father get that house in his name and evict all brothers from the house.