Claim on rented property
Nandan
(Querist) 18 June 2013
This query is : Resolved
MY UNCLE WAS A WIDOWER AND WAS STAYING ALONE IN HIS OWN FLAT AT MUMBAI.WHEN HE WAS COMING TO GOA HE WAS STAYING IN A RENTED FLAT.HE HAD MADE A WILL THAT HIS YOUNGER BROTHER WILL BE THE OWNER OF HIS PROPERTY SUBJECTED TO HE CLEARS ALL HIS DEBT,PAYS HIS FUNERAL EXPENSES.WITHIN ONE YEAR HE WENT MISSING AND NOT FOUND.NOW HIS YOUNGER BROTHER IS CLAIMING BOTH THE FLATS ONE AT MUMBAI AS WELL AS IN GOA.IS HIS CLAIM VALID?
Sudhir Kumar, Advocate
(Expert) 19 June 2013
it is conditional will and you have not stated whether he has completed the conditions.
Dr. Jyothi Vishwanath
(Expert) 19 June 2013
As long as it is clearly proved before the court that the uncle is not alive, the younger brother will not have any claim on his property. The younger brother has to prove that uncle is dead. If not, till seven years he has to wait and then make his claim.
Sudhir Kumar, Advocate
(Expert) 19 June 2013
after seven years of disappearance one is presumed dead and by the time his brother has to fulfill the conditions of will only then he can claim.
Right now he has neither death certificate, nor funeral receipt, nor proof of fulfilling conditions of WILL
Shashikant V. Patil
(Expert) 19 June 2013
First and foremost, there should be complaint lodged in Police Station for missing person, then next course of action taken.
Rajendra K Goyal
(Expert) 20 June 2013
Under the given circumstances the will can not be operated till death is confirmed and conditions of will are fulfilled.
