For filing rental income
ss
(Querist) 12 December 2009
This query is : Resolved
My father left a three storeyed building in which at one floor I am staying with my family in another floor mother alongwith one brother residing and complete one floor is on rent. The rental income being collected by my mother and brother and they never given any single rupee since more than twenty year. The property not yet been mutated amongst three legal shareholders. Pl. guide me on the following points:-
1. Can I file for claiming 1/3 share of my rental income and arrears of the same which I never received from them during more than 20 years?
2. What are the main condition for filing suit for rental income?
3. Is any prescribed format required for filing this suit?
A V Vishal
(Expert) 12 December 2009
In your query you have not stated what type of property is it, whether a self acquired property of your father or is it a ancestral property. Further you have not stated whether there is any will left by your father or did he die intestate. Clarify for suitable reply.
joyce
(Expert) 12 December 2009
if it is ur fathers self acquired property then u can claim for 1/3 share in the property. rest Clarify as Vishl says.
Devajyoti Barman
(Expert) 12 December 2009
Irrespective of the nature of the property you after the demise of your father are entitled to equal 1/3rd share of the property left by your father along with the income generated from it.
So, to do so you have to simply file a suit for Partition and for Accounts wherein you can claim for 1/3rd share in the property and also your share in the rental income for the last so many years.
ss
(Querist) 12 December 2009
Shri A.V. Vishalji. Thanks for reply. The owner of the property died inteste suddenly at an early age below 50 years. The property is self acquired and situated in Delhi.
ss
(Querist) 12 December 2009
Shri A.V. Vishalji. Thanks for reply. The owner of the property died inteste suddenly at an early age below 50 years. The property is self acquired and situated in Delhi.
A V Vishal
(Expert) 13 December 2009
SS
The suit for partition and rendition of accounts is barred by limitation, kindly refer the following judgement with identical facts of the case except the property in question is self acquired but in the case law is an ancestral property. However the question is not about similar facts or grounds but the operation of limitation.
IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBJECT : Delhi Land Reforms Act, 1954
RFA (OS) No.2/2005
Judgment reserved on: 23rd July, 2008
Judgment pronounced on: 9th January, 2009
Shri Maha Singh Appellant
Through : Mr. Sandeep Sethi, Senior Advocate
and Mr. Mohinder Rana for the
appellant
Versus
Shri Anand Singh and another Respondents
Through : Mr. Harish Malhotra, Senior
Advocate and Mr. S.N. Gupta for
The respondents
Coram:
HON'BLE MR. JUSTICE A.K. SIKRI
HON'BLE MR. JUSTICE MANMOHAN SINGH
MANMOHAN SINGH, J.
Raj Kumar Makkad
(Expert) 13 December 2009
Mr! You are already enjoying 1/3 share of the total property and if your mother is enjoying the rental income of her portion and residing with your brother then what is harm to you?
Even if you file the suit for partition, the portion being enjoyed by you shall come to your share and one share coming to the share of your mother shall be claimed as rented out by her. So, why to raise tension with your mother at this stage otherwise she may make a will of her portion in favour of your brother and ultimately you shall be a big loser.
