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Mahesh (Asst Manager)     15 August 2010

Help !

Dear Sirs,


My name is Mahesh and we are a family of four (Father,Mother,Brother and Myself).We have a property in Kerala which my father recently purchased a year ago and is now given on rent.My father's brother collects the rent and deposits into his account which we never ask

The ground problem from teh beginning is that my father's side (His Brother mainly) tries to divide our family and fills evil about us and being an alcoholic he has tended to always favor them.Very recently, we have admitted my fatehr for re-hab programme and it will take 3-4 month for him to be in a good state of mind (Doctors have confirmed that he is psychologiaccly affected a lot and will take a lot fo time to recover)Also, rehab centers do not allow anyone to contcat except for immediate family members.

 

Problem rised today when we called his brother to enquire aboyt rent and to pas on our tenant's number.He got all angry and asked us who we are to ask and he says he will control it.Being teh eldest son I gave him a piece of my mind.

Now my question is is there any legal way for me as the eldest son and in my father's poor health control things and keep his brother out of the picture ?

 

Please kindly help how to go about sending a legal notice to not interfere in our matters.

 

-  Mahesh



Learning

 8 Replies

Koumarish Bhattacharya (Advocate)     15 August 2010

As long as your mother, brother and yourself is there, your uncle has no right in the property. As long as your father is alive, he can nominate any person to collect rent out of his property. You can obtain an injunction on the ground that your father is not well and he is psychologically unfit, taking the advantage of which your uncle is trying to usurp your property.

Rajendra Pandey (Professional)     15 August 2010

Since this is your fathers self acquired property you must exercise your right with confidence. Lodging a case for declaration can be an option to further confirm that your uncle cannot interfere with your enjoyment of the rights associated with this particular property.

Mahesh (Asst Manager)     15 August 2010

Dear Mr. Pandey,

 

Thank you for your reply.Now what would be the procedure to go aghead with lodging the case for declaration if you dont mind me asking please.

 

- Mahesh
 

Mahesh (Asst Manager)     15 August 2010

Originally posted by :Koumarish Bhattacharya
" As long as your mother, brother and yourself is there, your uncle has no right in the property.
As long as your father is alive, he can nominate any person to collect rent out of his property.
You can obtain an injunction on the ground that your father is not well and he is psychologically unfit, taking the advantage of which your uncle is trying to usurp your property.
"

Dear Koumarish,

How and what would be the procedure to do so please advise.What necessary paperwork would you advise to have it sent to him.

- Avi

Chirag Bhatt (Lawyer Gujarat High Court)     15 August 2010

"My father's brother collects the rent and deposits into his account which we never ask"

If you never ask him than how can he do so ?

it is not anscestral property. it is self acquired peoperty by your father so as per Hindu suddession Act 1956, your mother, you and your brother are in class 1 of the schedule (section 10 - distribution of property among heirs in class 1 of the schedule ) , if the aforesaid peroerty is intestate, your uncle has no right on this property even after the death of your father.

As your father is alive,  first, you can try to solve this matter at your home level , if you dont succeed at home level, than you can send him a legal notice and than file a suit for declaration against him with the solid proof that he is interfearing in your property without any instruction from your side.

 

Mahesh (Asst Manager)     15 August 2010

Originally posted by :Chirag Bhatt
"
"My father's brother collects the rent and deposits into his account which we never ask"

If you never ask him than how can he do so ?

it is not anscestral property. it is self acquired peoperty by your father so as per Hindu suddession Act 1956, your mother, you and your brother are in class 1 of the schedule (section 10 - distribution of property among heirs in class 1 of the schedule ) , if the aforesaid peroerty is intestate, your uncle has no right on this property even after the death of your father.

As your father is alive,  first, you can try to solve this matter at your home level , if you dont succeed at home level, than you can send him a legal notice and than file a suit for declaration against him with the solid proof that he is interfearing in your property without any instruction from your side.

 
"

Dear Chirag,

 

I apologize what i had writen is confusing when I said we do not ask.In essence what I meant was that as long as my father was in good health we never bothered asking how and when he used to get the rents.

Now that my father is not in teh right state of mind, being the eldest son I put a step forwrd to get thinsg under control and also most importantly I did not want my uncle to be handling and then question us as to who we are to inetrfere.

I have written thsi greviance in this forum only as home level efforts are turning futile and knowing my uncle who can be shook up legally I decided to do so.

Now my next question would be that can I have a notice sent without my father ? If yes what would be a best practice.

 

I look forwrd to your expert thoughts.

 

- Mahesh

Inbaraj (s)     16 August 2010

First check whether the property is registered in father name and check about who is having the sale deed documnet. Further if your father is the purchaser, I would suggest you to get a power of power of attroney from your father to manage the property to avoid your uncle getting rent from the tenant.

Rajendra Pandey (Professional)     16 August 2010

Dear Mahesh

Filing a suit for declaration must be preceeded by getting a power of attorney executed in your favour. Make sure you get a medical fitness certificate on the date of execution of power of attorney, just in case.

Once that is done, get a legal notice sent to your uncle. If this does not help, file a suit for declaration. I agree with Mr Chirag.

Please contact a lawyerfor further assistance.


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