Rented property
Nikit Rastogi
(Querist) 05 September 2011
This query is : Resolved
Dear Members,
my father is owing a rented commercial establishment.He is in possession of the property from past 25 years. My father have three brothers. The issue is the rented property was passed on to my father from my grand father (being self acquired property of my grandfather). The rent receipt paid by my father on behalf of my grandfather by my father. After my grandfather death 2 years ago, now rent receipt is paid by my father in its own name. But the electricity bills is still in my grand father name rest all legal registration like under shop establishment act, income tax, etc, is in my father's name. After grand father death , all other brothers trying to get their share for such rented property alongwith my cousin brothers.My question is that is it possible that they can have share in such rented property being possession for past 25 years under my father only.What remedies they can avail under the law and what are options available to them. Pls guide me in this regard. Its urgent.
Chanchal Nag Chowdhury
(Expert) 05 September 2011
U R treating your father's rented property as your father's owned property. Tenancy is a right & not a title. The sons' rights are governed by local tenancy laws.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 05 September 2011
They have not done any thing so far so why bother . Let them take steps first you will have many ways to defend.
Raj Kumar Makkad
(Expert) 05 September 2011
After demise of your grand-father, your father has duly been admitted as tenant of the mentioned shop so no other person including your uncles or your cousin brothers has any say therein. Tenancy is not an ownership but a status.
prabhakar singh
(Expert) 05 September 2011
On the facts stated by you your uncles do not have any right in the tenancy as it has never been in their use in last 25 years for which you state to have proofs. you need not worry.
Do not listen to any claim if made by them .Let them go to court where they will loose.
