Shruti 05 March 2024

Rent and crop share

Hello,

My father died few years ago and my brother is living in my father's house since his childhood, 1976 onwards. Although, my name is added on the house and I pay property tax every other year. The front of the house has two shops but my brother or the shop owners do not give me half the rent. My brother also does not give me half the rent for the house. I don't have any rental agreement with them. Also, I am joint owner (in khasra records) in my father's farmlands after he passed away. But kachhi (farmer on verbal lease) does not give me my share of the crop or money for the crop. Please advise how should I proceed.

Thanks,

Shruti

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4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 05 March 2024

As per WILL by your father,the property can be decided.Check weather WILL document is there or not.Your father's share of this property will be regarded as his self-acquired property and as such he can will it to anyone he wants.

T. Kalaiselvan, Advocate (Advocate) 05 March 2024

Since you have a share in the properties you can file a suit for partition seeking your legitimate share in the properties with separate possession.

In the meantime you can seek direction of court to pay yuor share of rent in the properties and also onbtain an order of temporary injunction restraining them from alienating the property in any manner.