Tenancy rights vs legal hier
Hardik Desai
(Querist) 02 May 2012
This query is : Resolved
My Grand father had taken 2 rooms on tenancy basis and he expired after which the tenancy rights was passed on to my grandmother. There are total 4 sons and 2 daughters out of which the eldest son expired and he was blind and used to stay with us. My father was the youngest of all the brother and sisters and my grandmother and my blind uncle used to stay with us. There after my father also purchased 1 more room as an extension to the other 2 rooms.
My 1 uncle has spoiled his relations with all the family members and he took away the land property that was there along with bank balance of my grandfather as soon as my grandfather had expired.
Now coming to the case which is as follows :
My father purchased another house from his own earning and then we shifted to that house along with my grandmother and blind uncle.The rent and other expenses of the tenant house was still paid by my dad.
My uncle approached my father and told him that he wants some space for few days to store his goods as he has temporary shortage of space so my father gave him to use the place.Thereafter my uncle started living over there and he changed the locks of the house without informing us.There after he brought a notary person and asked all my uncle aunty to sign the affadavit saying that they do not want any share in it and to avoid family quarrels everyone signed except 1 of my aunty.My grandmother was also not well and she was not in good mental condition.He took sign on notary that he has paid an amount to us for the same. Now my grandmother has also expired and my father has also expired and i got my grandmother's will which says that the property will be solely of my father. My uncle is trying to get the tenancy transferred in his name but yet he is not able to as he does not have the rent receipts which i have. My uncle has now filled a case against all of us along with the landlord that we are not letting him get the name transferred in his name.
Due to his behaviour none of the family members want to give the property to him and till date he has taken everything which belong to my grandfather or grandmother and not given share to anyone.
What action can be taken against this? How can we get the property back? Can he take the property in his name based on the affidavit that my father and grandmother and other uncle and aunty had signed.... 1 aunty has not signed the affidavit
Based on my grandmothers will which said that the property belonged to my father only after her death can i claim the property in my mothers name being the legal heir of my father as my father had also signed the affadavit that he does not want the share but he was not aware of the will which was with the landlord who gave it to me few days back
What remedy do i have ?
ajay sethi
(Expert) 02 May 2012
tenancy rights cannot be bequeathed by will .
on the demise of your grandmother landlord has to transfer tenancy rights in favour of legal heirs .
if during lifetme grand mother and other legal heirs have renounced rights in respect of the tennated pemises then you dont have case .
the writing executed by your grandmother needs to be gone into .
if case is filed in court you have to state that no deed of relinquishment was executed . you will have to prove grandmother mental condition .
ultimately you will have to compromise . case will go on for years
Hardik Desai
(Querist) 02 May 2012
can an affadavite saying that we do not want any share in the property be considered at par against deed of relinquishment as you say or affadavite and deed are 2 different legal documents?
Shonee Kapoor
(Expert) 03 May 2012
relinquishment deed is different than an affidavit.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
