• Can somebody grab my property

I am all alone.I am not married.My parents are about to die.My father has given me a house which is in my name.
I have one brother and 1 sister.they are married.
My question is 
can someone grab the house which is in my name even my brother or sister
can they force me to sign papers or make a fool out me to some how grab the house
is there any way which they can grab my house.
Asked 4 years ago in Property Law
Religion: Hindu

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8 Answers

I presume gift deed must have been executed in your name duly stamped and registered 

 

2) if so you are absolute owner of property 

 

3) your siblings can file suit to set aside gift deed but it has to be proved that gift deed was executed under coercion or undue influence 

 

4) your siblings cannot grab house by force 

Ajay Sethi
Advocate, Mumbai
96716 Answers
7797 Consultations

They cannot grab your property as long as you are alive and it is in your name. People do encroach upon other people's property but they don't have a legal right to do so.

I don't think that anyone will try to grab your property if you are living there. 

If it is vacant then make sure to visit the property regularly.

Rahul Mishra
Advocate, Lucknow
14103 Answers
65 Consultations

Nobody can grab the house although your siblings may challenge the will. 

Rahul Mishra
Advocate, Lucknow
14103 Answers
65 Consultations

I presume will is attested by 2 witnesses 

 

request your father to register the will 

 

on father demise apply for probate of will 

 

probate is judicial proof that will is genuine 

Ajay Sethi
Advocate, Mumbai
96716 Answers
7797 Consultations

The property lying on your name by a registered deed cannot be grabbed by anyone including your own siblings. 

If somebody is trying to grab your property,  you may file a suit for permanent injunction to restrain them from interfering in your possession and enjoyment of the same. 

 

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

If your father has transferred the property to your name by a Will,  then it would not your property until the Will is enforced. 

The Will can be enforced only after the lifetime of your father. 

You may have to get the property transferred to your name by giving an application to the revenue department after the demise of your father,  but you may have to obtain NOC from your siblings for this purpose. 

Alternately you can file a suit seeking probate of Will if your siblings don't cooperate with you to give NOC. 

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

1. Properties are grabbed by preparing forged transfer deeds. There is no doubt about it.

2. Unless you execute a deed of transfer in favour of your brother or sister, you will remain the owner of property.

3. Don't sign any document unless you read it minutely and understand the import of it.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

To avoid forceful removal from property you can take loan on property, can do an agreement with bank for pension till you live and then the property will go to bank or you can donate it to some orphanage etc and give the will to them. 

Regards

 

Gopender
Advocate, New Delhi
384 Answers

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