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Anu Prasadh   24 February 2022

My fathers will favoring me & claiming rent from it

Sir, i am 40 years old pvt school teacher. I have one elder brother running hotel. My father had 2 self earned properties. I am polio affected & physically disabled. So my father wrote a will on aug 2013, favoring me.
In that will, he said that a small building of 1155sq ft (1 house & 4 shops), which was his self earned property belongs to me, and i have all the rights to sell or do anything after his death and the will was registered in sub registered office.

In that building my elder brother residing in a house, & running a hotel in 2 shops. Remaining 2 shops were rented & rent was collected by my father.

3 months back my father passed away.

Now as a courtesy of love, i asked my brother to stay in that house, and he can continue his hotel in that shops. Also am not asking any rent from him.

But when i tried to collect rent from the rented shops, he (my elder brother) collects those rent and refusing to give it to me.

What can i do sir. I am having the properties original document, Original registered will. If u file a petition in police station, will it become a civil case and lasts for many years. Please guide me sir.


 3 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     24 February 2022


Police may not help you much as it is civil case / dispute. You have to transfer the property to your name on the basis of will.  

Now a days more judges are appointed to decide cases so the case may be decided within one year. 

Adv. Mohit Chahal (Advocate)     26 February 2022

Dear Querist

Firstly, you need to get Title of property in your name vide Will.

Secondly, you need to send legal notice to your brother and other tenants for eviction.

However, you may continue to keep the tenants as long as they are ready to pay rent.

Mohit Chahal
District & Sessions Court, Hisar
Phone No. 9968911099


Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     26 February 2022

You have to get title of the property and file a case if necessary. In the meantime send registered notices to the tenants to give the rents to you only and not anyone else and that your claim will stand against them if they do not pay to you.

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