My uncle not vacating my father's rented house

Querist : Anonymous (Querist) 08 May 2010 This query is : Resolved
My father had rented a house in a chal in Mumbai in 1950.

He was leaving there with his wife and a younger brother.

Later my father got a new job in 1955 and moved to a new place which was given to him by his new employer.

Since then my uncle (father's younger brother) has been staying there in the chal and paying the rent. The rent receipt still shows my father's name, but all the receipts are with my uncle, for all the years till today.

My father expired in 1980 and my mother also died after that.

Today, my uncle is having his own house in Mumbai, but still he is not vacating my father's rented house.

What should I do in this case ? Pls advice.

Thanks a lot EXPERTS.

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adv. rajeev ( rajoo ) (Expert) 09 May 2010
Issue legal notice to your uncle by giving him a time to vacate the house, if he failed then file a suit for possession.
You have to prove that your father was the owner of the house.

G. ARAVINTHAN (Expert) 09 May 2010
Do you want to occupy that house?why in that case?

Kiran Kumar (Expert) 09 May 2010
some one from Mumbai please help this guy....m not aware of the laws applicable to such properties in Mumbai.

even i ll get a bit of knowledge about legal structure there.

Raj Kumar Makkad (Expert) 09 May 2010
Serve a legal notice and then file a suit for eviction against him.

Uma parameswaran (Expert) 09 May 2010
As per my view ,Normally Legal heirs could not claim inherent right over a rental agreement.After the death of your father the rights automatically devolved to the real owner.If there was any losses caused by your Uncle (during your father's life time)then the owner can move against your father's property also because the rental agreement is in your father's name.Try to make comprimise with the Uncle to get the possession .

Querist : Anonymous (Querist) 10 May 2010
Thanks for the help.

Pankaj Kundra (Expert) 12 May 2010
i believe Ms. parameshwaran is absolutely right on the issue legal heirs according to me also do not claim inherent right over rental agreement or property

Querist : Anonymous (Querist) 30 May 2010
Thanks a lot EXPERTS.

According to Ms.Parmeswaran, legal heirs cannot claim inherent rights over rental property. That is fine.

However, will it help me to remove my uncle from my father's rental room in a chal, if that property is transferred on my name by the owner of the building ?

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