Rent act and licensee licensor

BHARTI KOTHARI (Querist) 17 February 2024 This query is : Resolved
Tenanted property in the name of father. father expired leaving behind one son and one daughter. the premises is occupied by daughter since last 10 year. brother by playing fraud upon sister executed leave and license agreement and filled eviction proceeding against her under S.24 of rent act claiming himself as licensor . the sister also filled declaratory suit before rent court for declaration that after demise of father both of them have equal right and made landlord as party defendant 2. now the same subject matter between the same parties are pending before two courts. what is to be done ?

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A daughter occupied a tenanted property after her father's death, but her brother fraudulently obtained a leave and license agreement and initiated eviction proceedings. The sister has filed a suit claiming equal rights as per succession law. With parallel cases pending in two courts, legal advice from a counsel familiar with the case specifics is recommended for resolution.

T. Kalaiselvan, Advocate (Expert) 17 February 2024
When the case is pending before court awaiting disposal, no opinion can be rendered.
If she claims to be a shareholder upon death of father, then the court may, on the basis of the succession law, decide the case.

kavksatyanarayana (Expert) 17 February 2024
Yes. As the case is pending before the court an opinion cannot be formed. You consult your counsel who knows the facts of the case.

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