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Shaad khan   23 January 2019

Unlawful capture of a shop

Good evening, I am the landlord of a building in which one of shop owner has deceased, the shop was beibg operated by the younger sibling of the deceased owner, the tenancy rent bills were also being made in the name of the deceased owner. After his demise his younger brother has been insisting on transferring the ownership rights to him. But we rejected his request and contacted the legal heirs of the deceased owner (wife and son), now the owner's son wants us to transfer the tenancy rights into his name, but the younger sibling of the deceased owner refuses to empty the shop. What remedy do we have at our disposal, shall we transfer the right to the son. If yes what can we do to retrieve the possession of the shop. The son of the deceased owner is also willing to surrender the shop to us at fair market value, can we buyback the shop from the son and again what remedy do we have for theu lawful possession of the shop. Please provide me woth your valueable advise on the matter. Thank you.


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 3 Replies

G.L.N. Prasad (Retired employee.)     24 January 2019

Please understand the limitations of on line forum in these cases of complications, entrust this to a local sincere advocate who can guide practically and keep your position safe legally.

Shashi Dhara   24 January 2019

U r governed by Islamic family law.their is no concept of joint family S in Hindu law. So the entire property is succeeded by deceased wife sons daughter. They have to finilise the issue not by unger sibling of deceased

P. Venu (Advocate)     24 January 2019

It is impossible for the Landlord to settle the dispute among the tenants. They be be advised to approach a Court of Law. 


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