Hello,
you will have to file a civil suit for injunction in order to stop your father from getting the rent. Send a Legal Notice to them.
tenant can not file a suit for anything at this stage.
regards
Property ownership undertaking
Hi, I do have a property which was gifted by my mother on Jan2017 .After that a part portion has been leased to petrol pump for 29 years with a registered tenant land lord agreement. Then a house with three storage constructed in the rest of the land and completed in Aug 2018 ,in the meanwhile myself and my father got into misunderstanding. I just came out on Feb 2018 and have not entered the property. Meanwhile my father has leased the ground floor to a party and first and second floor to a party without my knowledge and receiving the rent for both petrol pump and the building. On Mar 15th I intimated the petrol pump tenant and the building Tenant that I am the property owner and you need to pay rent to me and change the agreement properly.But my father is not allowing them to pay rent and communicate to me. Now, my said the tenants that I have applied for stay order. Is it possible to get stay order if so I can brake the stay legally. How can i stop my father involvement further. Plz give a right and quick way to move.
Asked 5 years ago in Property Law
Religion: Hindu
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11 Answers
first of all you have to relook the gift made by your mother for any revoke clause in the gift deed an increase property not yet transferred in your name and you have not find any e rental agreement with you tenants you cannot approach them as a stranger and they are not bound to please send you you have to take action in the court against your father if still he is a rightful owner and you have the gift deed without any such clause in the gift deed.
Another case if you are the rightful owner of the property then you can approach to the High Court against the stay
See you can serve the tenants eviction notice and file a police complaint against them that they have illegally occupied the property and wrongly made the lease deed.
As you are owner of property the agreement should be with you.
If on notice they don't leave premises suit has to be filed to evict them for you they are illegal occupants.
Similarly serve the petrol pump notice that you are not receiving rent for same you will end the lease and file suit against them
We have a family trust formed by my ancestors on 1880 and we have some properties belonging to the trust. Many property was uncared and sold without proper execution by trustees(family members). My father filled a case against all the family members including my grandfather and my step father and won the case on 2005 Madurai district court. The judgement was the property sold out illegally and the remaining property which is currently in position will be maintained by my father and has rights to lease and collect rent and maintain. After that no other trustees came against and was everything going fine. We have a temple on the property premises which is a family temple for which we used to perform Pooja daily and twice in a year we used to do festival. One is Krishna Jeyanthi and other ghajendra Motsha Utsav. On behalf of my father I was collecting rent and maintaining the property and collecting rent jointly. Now we have got misunderstanding. He is not allowing me to enter the property. What can I do now.? How can i prove myself? I don't have any documents related to the trust. My father has got rights by Madurai judicial court order no. 586/04 issued on 2005. Plz suggest me a solution.
Asked 5 years ago
You are absolute owner of property
2) your father cannot execute lease in favour of tenants without your consent
3) issue legal notice to tenant to vacate premises
3) if they refuse file eviction suit
1) take search in sub registrar office and obtain copy of trust deed
2) obtain copy of court order passed by Madurai court
3) it is necessary to peruse said order and deed of trust to advice
I winder when you are the absolute owner of the property how the rent is being paid to your father?
Have you filed a suit for injunction?
If interested to talk my number is available in google .
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
If your father has got the rights the he has the absolute right to refrain you from managing the property further. Fact that you maintained the same for a considerable period of time will not give you any right over the property.
Regards
You can file a suit take injunction in the same against your father.
See in case your father is having right over property no suit from you side shall be maintainable the above-mentioned fact in earlier question by you were entirely different the copy of order of Maduri court has to be seen as of now he has only right over property.
If the proeprty was transferred to your name by a registered gift deed to your name, then you are the absolute owner of the proeprty, you can file a suit agaisnt your father seeking to restrain from interfering in your possession and enjoyment of the property including collecting the rental amount and also seek direction to the tenants to pay the rent to you directly instead of paying it to him.
If the tenants are filing as suit for stay then you may participate in it and strongly object to their move.
You get the copies of the order and the related papers from the court by engaging the services of an advocate and after that you may file a partition suit seeking partition and separate possession of your share in the ancestral property or to make yourself as a member of trust and to allow you to participate in the trust activities including collecting the rent etc
You may consult with a local advocate and proceed further on the advise received