Eviction of Tenants from Disputed Ancestral Property

When your chacha has no right in the proerties, then his act of leasing out the properties is wrong and in those circumstances you have to file a suit against the so called occupants since they have the character of trespassers as far as you are concerned.  Giving notice or not is optional. Also claim mesne profits from the occupants. Add your chacha as a party to the suit  since he leased outthe premises to the occupants.

You have not mentioned about who are the real owners. Since there is no will, all the legal heirs have a right in the property. Clarify the above.

The property is still in the name of my late Grandmother who died without making a will....Also my Chacha has taken the affidavits of my aunts i.e. his sisters which states that the sisters have given their share to chacha & my father who is also a legal heir to property is nowhere in the picture...Hence how do we evade tenants from the said properties.

divya first of all,

1-property is ur grand mother name ?

2- she don't make any type of will?

3-how many sons and daughtersof ur grand mother ?

ONE THING U CLEARCUT UNDERSTAND THAT THE PROPERTY IS DISTRIBUTED ALL THE LEGAL HEIRS

CLASS-1EQUALLY.NO ONE CAN CLAME SEPAREATELY.

No eviction of tanents possible.

1-property is ur grand mother name --- Yes

2. she did not make any type of will? ----Yes

3-how many sons and daughtersof ur grand mother ? 2 sons & 5 daughters (eldest son is my father)

My chacha has put tenants on these properties since 20 years..no money received by us & my aunts i.e. 5 daughters have given their share on an affidavit to my chacha...

What is the possible protection for us....
 

Ask for Partition of the property and mesne profits for all these years by filing partition suit through your father.

your grand moter's all legal heirs will get an equal share in the property.  You can inititate the legal proceedings agaisnt the tentants as you are also a joint owner.  The tenants need not worry about the partition among the owners.

YOU MAY FILE A CIVIL SUIT FOR PARTITION OF SAID PROPERTY.NOTICES WILL BE ISSUED TO ALL HEIRS CLAIMING PROPERTY AND SAY WILL BE FILED BY THEM. THEN YOU MAY ALSO CLAIM FOR THE INCOME FROM RENT OF THE SAID PROPERTY.

ONCE ALL RESPONDENTS APPEAR  WITH THE CONCENT OF ALL HEIRS YOU MAY ALSO ISSUE LEGAL NOTICE TO THE TENENT FOR EVICTION OF SAID PROPERTY .THEN IF THE TENENT DOES NOT VACATE THE PROPERTY YOU MAY FILE A CIVIL SUIT FOR EVICTION OF SAID PROPERTY AS PER RENT CONTROL ACT. AS THERE IS NO AGREEMENT WITH THE TENENT HE HAS TO VACATE OR ELSE COURT WILL PASS THE ORDER OF EVICTION WHICH CAN BE EXECUTED BY FILING EXECUTION PETITION.

YOU MAY WRITE AND SEND DETAILS  FOR ANY FURTHER HELP .WILL HELP YOU

GOOD LUCK.

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.9960223100, 9271971251

e.mail.advocatesawantnb@yahoo.com

e.mail.nandkumarbs@sify.com

We have a joint family and Petition already filled in Civil court in 2014 and still its pending. My Uncle rented ancestral property (house) without informing to my father also not sharing rent amnount to my father and now tenant are not ready to vacate, i also gave Legal notice to vacate but they are still in my house and not ready to vacate. Since this is not clear which side is my father and uncle so will it be possible to urgent vacate tenant in my premises or the only option where all tenanant monthly rent money submit to the court