Will-deed

ramesh vyas (Querist) 03 October 2012 This query is : Resolved
sir my father died in march 2012. He executed a registered will,bequathing all the ancestral properties.There is no dispute with regard to the will among llegitimate children (class-1 heirs). He had an illegitimate son who filed for partition in 1996 which is pending. He issued notices to all the tenants that they should pay the rent to him or deposit in the court pending disposal of the suit. subsequently all the tenants stopped paying the rents. Can we file for eviction against the tenants for sef-occupation, orelse what action we have to take by virtue of the Registerd Will. please advise

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Advocate Rajkumarlaxman (Expert) 04 October 2012
as they are at default u can file eviction proceedings and move aginst them.

Devajyoti Barman (Expert) 04 October 2012
Any of the co sharers can file suit for eviction of tenant.
In other words you are competent to initiate eviction suit against them.

Guest (Expert) 04 October 2012
Suit for eviction is justified.

ramesh vyas (Querist) 04 October 2012
Thank u all for ur valuable advice

prabhakar singh (Expert) 04 October 2012
First you issue a statutory notice on behalf of legitimate children that property is ancestral and illegitimate have no right of any claim and refusal to pay rent to legimate
constitute default hence tenancy is terminated and tenant is required to vacate aafter a month after receipt of the notice paying all dues else EVICTION suit would be filed.

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