Not ready for mutation and renting the property for last 15 years
Querist :
Anonymous
(Querist) 12 January 2011
This query is : Resolved
My Grandfather owned a corner plot and constructed two houses leaving space on all sides. The back portion was bequeath to my father and the front portion to my father’s elder sister. In his registered will, my grandfather did not mention anything about the two drive ways on either side of the two houses, the back portion (behind the back house)or the front lawn.
There was a clause in his will that “any other property or monies owned by me whatsoever and wheresoever, movable or immovable otherwise not disposed of by this will, belongs to my son ABCD”. (i.e. to my father).
Now we are not sure what this means. Does it mean that the driveways, lawn and back area which are not otherwise mentioned in the will belong to my father? Or does it belong to both my father and his sister (considering the fact that she will need access to her house which is in front).
There is another problem. After my grandfather’s death the whole property belonged to my grandmother who had no rights to dispose of. It has been more than 15 years since her demise and the property has not been mutated. My father’s sister has been renting out her portion ever since. Also, she has (a)constructed a wall (which is not authorised) on one drive way and put her water tank and a fountain so as to prevent us from building a gate and (b) locked one of our doors from outside, which leads to the second drive way. We have to park our car in the back portion which fortunately has a gate as it is a corner plot but then we have no front access.
The problem is, she is in no mood to mutate the property and continues to enjoy the rent . I want to know if there is a way to stop her from putting her portion on rent as the area outside the house could either belong to my father or be in joint ownership. And even if it is in joint ownership, is she allowed to” sub-let” it along with her house without taking permission from us. We have tried to bring her to negotiate amicably, but to no accord.
Kindly suggest what can be done to compel her to come to the negotiating table.Thank you.
adv. rajeev ( rajoo )
(Expert) 12 January 2011
Get declare your ownership of the properties by filing a suit for declaration and injunction on the basis of the will executed by your GF in your deceased father's name.
s.subramanian
(Expert) 12 January 2011
The properties and the area not mentioned in the will certainly belongs to your father only. The obstructions created by your aunt is thoroughlt illegal. You can approach a civil court by filing a suit for
declartion of your right over those areas and for mandatory injunction for the removal of those illegal constructions.
