Sir / Madam,
I belongs to Hindu family & residing at Mumbai.
My mother expired in 1990.we are 4 brothers & 2 sisters.
2 tenanted properties are on the name of my mother till date.
Uptillnow , we received the Rent receipt on the name of my mother .
Landlord has not transfered the title / name .
My mother had prepared will. The will specified ,
one single room on the 1st floor is occupied by Elder brother and same should be given to him .
another sigle room on the ground floor was given to 3 brothers.They can sale out the said room and monies shall be equally distributed.
However, elder brother had requested to 3 brothers , not to sale out this property as he was not keeeping good health annd wanted to utilise this room.
He gave in writing to 3 brothers ,
- he will give the possession back as & when required by 3 of you.
- He also agreed to pay the rent till he occupies the room.
In 2005, He was expired.
Now ,we 3 brothers are demanding the possession of the said room from Bhabhi (His wife) ,however Bhabhi is refusing to give back the possession Now they have purchased big flat & shifted to another place .Currently, posession of both the tenant's rooms are under bhabhi & kept under lock & key.She pays the rent for both the rooms.
Recently ,The Lanloard have made an agreement with Builder for redevelopment of the building.
Appreciate if you can help us in giving an advise,
Mother's Will already specified that ,
1st floor room should be given to an Elder Brother and that we had been already given possession to Bhabhi.
ground floor room should be given to 3 brothers ,however the possession of the said room is with bhabhi since 27 years have been passed away.
she told us that now you don't have any right to ask me for possession . since 27 years are passed and this room is under my possession .
As per law after 12 years you don't have any right to get the possession.
As per will & legal hire , we 3 brothers can take the possession of this G.F. room from Bhabhi?
What are the other viable options?
Thanks & Regards
