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jagadeesh (Senior Consultant)     20 August 2010

Rights in Undivided Share of Inherited Property

Mrs.X has expired without any Will, as per Hindu Succession (Amendment) Act 2005, her 2 elder Daughters (D1 and D2) , youngest Son (S1) and Husband (H1)  inherit the below mentioned property with equal share (i.e., 25%  each).

a.       One Shop in a Commercial Complex (Facing the main Road)

b.      One Godown in the same Commercial Complex (behind the Shop mentioned in point no.1 with approach way inside through the Common Path of the Commercial Complex)

c.       Appurtenant Place (to the left of the Shop, Right of the common path of the Commercial complex and in front of the Godown).


1.       S1 and H1 has constructed an Shop in the Appurtenant Place  (mentioned in Point No.c above) without  the knowledge of D1 and D2 and not giving any rent for this share (i.e., 25% each) for that shop being run by S1 and H1.

Q: Is it legal to run a Shop in the Appurtenant Place, (either with or without the consent of D1 and D2)? Under Which Section and Act, can the D1 and D2 file a Suit for their Share of rent?


2.       S1 and H1 has colluded and vacated the existing Tenant of the Godown (point no.b) by some settlement to him, without the consent of the D1 and D2 and taken pocession of the Godown to rent it at higher lease premium without giving the D1 and D2 their share (i.e., 25% equal Share).


Q:  Is it Legal to suppress such Information to D1 and D2 by S1 and H1. If not, which with Section and Act the D1 and D2 can file suit against H1 and S1?


3.       S1 and H1 has informed D1 and D2, that Existing Tenant of the godown has handed over the Godown to the “wife of S1” with a private Settlement between them and “Wife of S1” has in turn leased it out to some third party for higher lease premium and substantiating in legal terms that even H1 and S1 have also not got any benefit from Godown Tenancy change.


Q: the D1 and D2 share in the higher lease premium has been indirectly taken and enjoyed by the H1 and S1 by involving the “wife of S1” as intermediate Tenant. Is there any Section and Act in the Law to safeguard the Interest of D1 and D2 for filing a suit in the Court of Law?






 2 Replies

Chirag Bhatt (Lawyer Gujarat High Court)     20 August 2010

D1 & D2 can file a suit for  permanent injunction under O.39 of C.P.C.

jagadeesh (Senior Consultant)     31 August 2010


Can you please give your response for each of the 3 questions asked?

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