Ankur Garg (Company secretary) 28 May 2014

Family dispute related to property

Dear Sirs,

Need help w.r.t. the query mentioned below.

Mr. Sunil and his family are using a rented accommodation from last 80 years. Actually his father took this property on rent in 1935 and now Mr. Sunil and his family is using the same. He had not paid any rent from last 30 years.

Further Mr. Sunil is also having one owned property. So there are 2 properties in possession of Mr. Sunil one is rented and one is owned.

Relations of Mr. Sunil with his son and daughter-in-law are not good as they are kind of torturing their parents. So Mr. Sunil wants to remove both his son and daughter-in-law from his property so that he can live peacefully. Now son of Mr. Sunil asking for his share from both the properties owned and rented.

Queries:

1. 1. What would be the position of rented property under Indian Easement Act 1882? Whether Mr. Sunil will be considered as official owner of the property.

2. 2. What are the legal remedies available to Mr. Sunil to handle the case? Whether he should file civil or criminal case against his son and daughter-in-law as they are torturing him for property.

3. 3. Can Son officially claim any share in the property against the will of his father.

4. 4. How to protect the property as Mr. Sunil is having an apprehension that to get the property his Son can do some unethical/criminal activity.

5. 5. Since ownership of rented property is not clear, whether son can claim his right on that property as well.

Request to share your opinion.

Thanks

Reply Follow

4 Replies

Dr J C Vashista (Advocate) 29 May 2014

Incomplete information such as where is the property located?

You are on which side i.e., landlord, tenant or his family?

Was there any action initated against the tenant for non-payment of rent for the last 30 years? If no action taken for 30 years why now? How can you say Sunil is a tenant?

Does the provisions of Indian Easement Act 1882 apply in your case?

Which one of the property is self acquired and which is ancestral?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 29 May 2014

Mother and children's share equally i.e mother 50% and children 50% of the property

T. Kalaiselvan, Advocate (Advocate) 31 May 2014

1. What would be the position of rented property under Indian Easement Act 1882? Whether Mr. Sunil will be considered as official owner of the property.

Sunil cannot be considered as a owner of the rented property, he will remain a tenant by the virtue of his father's legal heir who was the original tenant.

3. 3. Can Son officially claim any share in the property against the will of his father. No

4. 4. How to protect the property as Mr. Sunil is having an apprehension that to get the property his Son can do some unethical/criminal activity. Cannot be opined about it.

5. 5. Since ownership of rented property is not clear, whether son can claim his right on that property as well. No