• Position of tenant if two brothers claim right on property

we are tenants at Mumbai-subarab  having tenancy since 50 years,   Landlord left three sons &  2 daugthers, after his death  up to 15 years  one of his son has collected rent & issued receipt in his own name & no other  his faimily members taen any interest or objected  , now he is become mentally ill from last 4 years  he has collected the rent as deposit for one year but not issued any receipt.

Before two yeas, his another brother has issued letter cum notice  to all tenants through advocate  claiming that he is having name in property card  and warran all tenant not to give rent  to another brother. Tenants have stopped to give rent  to both of brothers till their property disputs clear. 

Tenants are living without rent receipt since three years &  willing to pay the rent to right person who is authorized to  collect the rent. .

Please advice  to secure  tenants  

Regards
Harkissan  Thakar
Asked 3 years ago in Property Law from Mumbai, Maharashtra
Hi, it is better you have to approach the court and deposit the rent  before the court......let the court will decide who is the owner of the property and entitled to collect the rent.
Pradeep Bharathipura
Advocate, Bangalore
4185 Answers
149 Consultations
4.3 on 5.0
do not worry,once there is any legal proceedings start depositing the rent in court,and court will accordingly decide
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
it appears that on account of internal family disputes rent is not being paid . issue notice  signed by all tenants to the legal heirs of the landlord  that you all are willing to pay rent but on account of internal disputes rent is not being collected . request them to resolve the internal dispute s so that rent can be paid by tenants . in the alternative you can deposit rent   in court
Ajay Sethi
Advocate, Mumbai
26202 Answers
1423 Consultations
5.0 on 5.0
government advocate    will not help you in this regard . you have to contact a local lawyer pay his consultation fees and issue legal notice to landlord
Ajay Sethi
Advocate, Mumbai
26202 Answers
1423 Consultations
5.0 on 5.0
take services of advocate
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
You could not have stopped paying the rent irrespective of the family dispute prevailing in the family of landlord. Default in paying the rent makes you liable in law to be evicted from the building. If the lawyer's notice was issued 2 years back then it ought to have been replied right then. 

Now without any further delay issue a notice through your lawyer to the tenants asking them to collect the rent which has not been collected by them. Unless and until you do this you do not stand even a ray of hope to continue as tenants in the event the landlords move to court to evict you in accordance with law. This may sound discomforting, but it is what the law commands.
Ashish Davessar
Advocate, Jaipur
19256 Answers
486 Consultations
5.0 on 5.0
No government advocate will do the needful. You ought to engage your own lawyer after paying his consultancy and engagement charges.
Ashish Davessar
Advocate, Jaipur
19256 Answers
486 Consultations
5.0 on 5.0

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