Lease a property against which a suit has been filed
sri lalitha
(Querist) 27 February 2012
This query is : Resolved
Hi
I want to ask a query regarding a problem on behalf of my friend. My friend's father xpired when my friend was 12 years old. so his grand mother (mother's mother)brought my friend's family and all were living with his grand mother. She had a house propety gifted by her husband. Now my friend's age is 32 and his grand mother has passed away 5 years ago. Before her death his grand mother has executed a will that the house property would be enjoyed by her grandson since he was taking care of her and would be his property after her death. His grandmother doesn't have a male child but 4 daughters, out of which the 1st daughter is my friend's mother. 2nd daughter expired and the third and 4th daughters are existing. Now children of the 3rd daughter and 4th daughter have filed a suit against my friend stating that they have a right to share that House property. At present my friend stays in that House property with his family and recently my friend got transferred to other place of work. Since a suit has been filed on the said house property can my friend leave that house or give that house on rent ?? Please suggest
Thanks
Raj Kumar Makkad
(Expert) 27 February 2012
Your friend should not leave that house and should keep under his possession either by way of giving it on rent or otherwise as he is legally owner in possession of the hosue by way of a registered will of his grand mother.
He should provide full description of the will in the written statement and let the court now decide the will and its consequences.
