Tenancy rights

Querist : Anonymous (Querist) 02 November 2009 This query is : Resolved
Property is in the name of the mother. The size of the plot is 75 feet x 70 feet. She has 3 sons only. The eldest son occupied the property first from 1983 to till date and took access to 60% of the ground place with house on it. He has never paid rent to my mother, but shown bogus entries of rent paid in his businees accounts. Now he is claiming tenancy rights. The mother is interest in giving all equal share of 25 feet x 70 feet. But the eldest son does not listen to the mother and others are deprived of the share, as he is reluctant to vacant.
Can he claim tenancy rights ? Please advise

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Kiran Kumar (Expert) 02 November 2009
mother can still make partition, merely by showing the tenancy the elder son does not become owner of the property.

however in the course of litigation, u may prove that he in fact is not tenant...merely be making entries in his own records the elder son can not present himself as tenant.

even if he is proved to be a tenant, still he can not grab the property....moreover a tenant can not dictate terms to a landlord.

dont worry the courts are not blind to such facts...go ahead with partition.

PALNITKAR V.V. (Expert) 02 November 2009
Mr. Kiran Kumar has given a complete answer. Tenant does not get ownership rights. If the property is self acquired property of mother, she can dispose it off as she likes. She can deny share to the son who is claiming tenancy rights. Of course, that son can claim tenancy rights provided he proves that he is tenant.