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Rajkumar Dev   18 August 2022

Can i have right to claim rent from my brother

Sir i am devan, 56 years old. My father has commercial building wich has two shops and a house.
He wrote a will that the house & shops belongs to me and i can sell it or do anything. The will was registered in the sub registrar office.
My brother is residing in that house and running a tiffan centre in one shop. Another shop was rented and he collects the rent and transfer it to my bank account.
As per the will, the entire building belongs to me, and as a humanity concern i allow my brother to stay in the house without giving rent, and asking rent only for the shop he runs.
But he refuses to give the rent
Can i have the right to claim the rent from my brother.
If u sue a case against him claiming rent or to vacate the shop, will it takes too much time to get judgement.
The will is drafted, signed by 2 witnesses and registered in sub registrar office, madurai, tamil nadu.
The will document, original property documents are with me sir.


 2 Replies

Dr J C Vashista (Advocate)     18 August 2022

Whether the subject property is your father's ancestral or self-acquired as law differs in both situations ?

Did you get the will probated through local civil courts ?

It is better to show relevant document(s) to a local prudent lawyer for analses of facts, professional advise and necessary proceeding. 

Rajkumar Dev   18 August 2022

Its my fathers self acquired property sir. The will is not probated sir

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