Hello Sir or Madam Hope you remember me and my pleading questions, In breif: My Father Passed away 2 years ago(I am one son, having 2 sisters, Mother is staying with siter B and sometimes sister A), not with me ever since my father Passed its almost 2 years.) . Its almost 17 years I was sent out of home with my wife and small child (3 years old)without giving me shelter and not 1 Rupee was given to me. For reason, I got married without taking Dowry and this made havoc in my life(3 years). I was then asked by my Late Father to take up one office in his commercial complex and I then I continued my textile business. Its been 2 years sincemy father passed away..and I have been pleading my mother for my share of rental income from my fathers property. My mother gets 6 Offices Rental Income from My Father Commercial complex, wherein ONE portion of office I runing my textile business. She doent permit me to even see the Rental Agreements nor show me any Properties Papers, With regards to property share from My Father House is LOCKED as my mother doesnt stay nor she is permitting me to stay, She doesnt gives me Rental income form commercial properties which she collects by chq and cash from tenants. After I received suggestion from you all .. to File partition case l. I have approached few dasy ago to my mother and she said she will NOT give me my share from the Rental Income from Commercial Property ( 6 Offices), Nor she will allow me to stay in My Father Home which is locked since 2 years. In mean time my mother has recently sold my Father car without my knowledge and when asked she said she was in need of money , which is LIE as she is getting good big rentals from 6 offices from my father commercial proper ties. My Question 1) Tentants are making rental agreements without my signature as Property hier(As I understand we 3 siblings and my mother should sign the Rental Agreements), are Tenants at Fault? can I file case against Tentants to Vacate? . Do I have the authority to VacateTenants, as my mother is not the owner? My Question 2) When I asked my Mother last week about Both Property Documents (Home and Commercial Complex) she said she will not show me nor she will make WILL until she is alive. How Do I approach court without property papers ? can I get copy of property documents as legal heir, please advice. My Question 3) How much would it cost me to File Partition Law Suite? As my mother was said if I get lawyer close to even my father property's she will ask her lawyer to vacate me from my Father Commerical office and will fix me with other fraud cases.. her son in laws support her and I am worried as I am always alone in Office . I need LAW TO PROTECT ME.
You can issue legal notice to tenants to vacate premises as rental agreement has been executed without your consent
2) you can file suit for partition. Seek orders to direct tenants to deposit rentals in court
3) obtain certified copy of Property documents from sub registrar office
4) court fees depend upon your share of property
5) legal fees vary depending upon lawyer rented by you
Q4)If I put a partition clause, Will I have to Vacate my active business from the said premises? if yes is there any other way to stay in same premises as its its my retail business and I cannot afford taking another place on Rent. Q5) I have seen electricity bill of my Father House in my sister B name , I am worried if she has transfered my Father house in my sister B Name ? Can My Mother transfer property to her daughter without my concern pls advise?
You would not be required to vacate premises as you are one of legal heirs
2) if property is transferred in sister name you have to file suit to set aside gift deed executed by mother as you have share in property
No fault of tenant. Till court not grant you partition, they can directly pay to mother. Your claim is against mother not tenant.
Apply for certified copy of property documents or when you will file partition suit, court may summon document by directing mother.
Mother is bosting. File partition suit. Dont mention that you are ousted by father.
1. Since you are co sharers you have to right to collect rent directly from the tenants or induct new tenants apart from filing suit for eviction of them as well independently.
2. Now if your father has died intestate then you have equal share in the property and income being generated therein along with your other siblings and mother . Since you are not given your due share you can file a suit for partition wherein if your father has not deprived you in his self acquired property by way of a Will , you have will get a decree form court, separate possession for your share and share in income in the meantime.
3. Since court fees differ in every state meet the court officials to now the court fees.
4. There is no question of vacating the partition you are occupying in the joint property during pendency of the partition suit.
1. You were advised to file a partition suit seeking your share in the properties left behind by your deceased father, which includes an application seeking share in the rental income out of the properties augmenting such incomes and also an application restraining them from alienating or encumbering the properties including the movable assets in any manner, with an application to direct the tenants to pay your share in the rent to you directly to your bank account.
Whereas you seem not to take any action as suggested but continue to face the same hostile situation or attitude from your mother, hence you decide whether you really want some remedy through legal forum or would like to face the harsh treatment from your mother in this regard.
A notice to tenants to vacate the rented premise will not fetch you any fruitful result.
2. You an always get the certified copies of the property documents from the sub-registrar's office which will be sufficient to file the suggested suit.
3. You should not be frightened by the threats posed by your mother.
The law is common to all.
You contact a local lawyer and discuss about the all the possibilities and immediately file the suit.
The court fee and the lawyer's fee shall be informed by the lawyer who you plan to engage.
4. There is no necessity for you to vacate the business premise you are occupying now.
Let the court decide about it in its judgment in the partition suit.
5. Let them do anything, there are answerable to court if you file a suit and seek your legitimate share in the property.
They cannot claim ownership by fabricating such documents.
You need not be worried on any such issue, you concentrate on what your object is and proceed legally to achieve your object.
Your mother has only 1/8 share in her husband property. Moreover she has no right to transfer the property in your sister’s name. If your mother generate or register any document (Gift) in favour of your sister then file suit to set aside the same. Also, check the electricity connection was taken in whose name .
You need not to vacate the office in your deceased father s commercial complex.
For getting your share you should file a partition suit. Collect the documentary details of property and approach a local lawyer for filing a partition suit. Partition suit has a fixed court fee as very nominal and not expensive.
Alternatively, the new landlord (You and all other legal heirs) may let the tenancy roll over and become a ‘Periodic Tenancy’ – this is when neither landlord nor tenant signs another agreement so a Periodic Tenancy automatically follows on with the same terms and conditions as the previous one. The tenant may continue to rent the property to the existing tenant in which case nothing will change – although the landlord must inform the tenant in writing of the change to the tenancy. When the tenancy is up for renewal, the next agreement will be with the new landlord.
You can compel the tenant to execute a new rental agreement with all legal heirs or ask them to vacate premises. On the ground of bonafide needs you can issue legal notice to tenants to vacate the same .The only remedy available to the owner of the property is to pursue eviction proceedings under the rent laws. The reason why the tenant is entitled to occupy the premises beyond the lifetime of the landlord who created the tenancy is simply as a result of a statutory enactment.
Yes you can file a suit for cancellation of the rent agreement and eviction.
You need to file partition suit and seek documents as well as you can get the papers from registration office if the will is registered.
It depends on court fee and lawyer fees. Lawyer fees vary from lawyer to lawyer
No need to vacate active business you can seek direction of court.
If she has transferred you can also seek cancellation of the said transfer through court by filing suit
1. Serve a lawyer's notice to the tenant to vacate the premises since tenant has been inducted in the first place without your written consent.
2. You are free to file suit for partition in the competent civil court. In your partition suit you can also seek an interim prayer to direct your mother to either share the rent with you to the extent of your share or direct the tenant to deposit rent in court during the pendency of the suit.
3. Certified copies of registered documents can be obtained from the office of sub-registrar.
4. The cost will be the fee of your lawyer and court fee. Court fee is variable in every state, hence only a local lawyer can state what it is.
1. You cannot be directed to vacate the premises as you are a co-sharer.
2. Under Muslim law your mother cannot transfer the property to her daughter, but if she does this then a suit for declaration of the transfer deed as void and non est will have to be filed by you.
Dear Sir,
In regards to tenants/rent, you may serve a legal notice to mother and then file a case of injunction against her and her sisters. The property papers' certified copy can be obtained from concerned registrar's office. The fee for application of certified copy is very nominal. The cost of filing and continuation of partition suit depends on your advocate's fee; the court fee is again as per the value of the property. In regard to threat created by your mother, you are suggested to submit an humble application to police authorities regarding the day to day torture created by her and apprehension of false cases under women oriented laws by her. Also, pray for the adequate opportunity to put your version of case before any action against you or your family members/wife. This application can be sent by post, but preserve the application and postal receipt. For filing partition suit, you are not required to vacate the premises. After getting certified copy of documents, you will come to know the real position and then act accordingly.
You should not vacate your office as you are also a shareholder in the property. File a partition suit and a suit for permanent injunction so that they cannot evict you. The property has to be divided as per the Muslim law. They cannot leave you.
Yes you have the right to evict tenants and make agreements.
Also a share of the income should also go to you.
Even if they transfer it, it would be null and void. They cannot do so. Cannot evict you. File injunction.
Without consent of other heirs rental agreement can not executed.
your mother Can't diprive you from your legal right. you can file a suit before the appropriate court and can claim your right in the property.
The Court fee to be charged for partition is a state subject and varies from state to state,Such Court fees depend on the market value of the property of which you are seeking the partition suit.Visit the local registry office to ascertain the market value of the property.
- Under the Muslim law, distribution of property can be made in two ways – per capita or per strip distribution, whereas per capita distribution method is used in Sunni law and Strip is used by Shia.
- As per this method , the ancestral property is equally distributed among legal heirs.
- Further , there is no distinction between the right of men and women , each has right over the said property.
- However , daughter will get half of the sons share , and out of 100% share , share of mother will be 12.5%. i.e 1/8 and the remaining 87.5% will be distributed between sons and daughters. .
1. Since the said property is an un-partitioned , hence no legal heir can enter into any agreement with any person for any transaction of the property including tenancy agreement.
- Hence in the absence of your consent , the said rental agreement is not valid .
- You should issue a legal notice to the said tenant after mentioning that being the legal heir you are also one of the landlord /owner of the tenanted premises you are cancelling the said rental agreement executed illegally without the consent of you, and further ask him to attorn you as landlord and to pay the rent to you.
2. Being the legal heirs , you can approach the court without any documents in your possession , and further you can move an application before the court , to instruct the opposite party to submit documents of the property .
- Further, you can get the certified copy of the documents of the whole property from the office of the registrar , and a certified copy can be produced legally in the absence of original one.
3. If any portion of the whole property is in use and occupation of you, then you will not have to deposit hefty court fees at the time of filing of the case, except a fixed court fees.
- Further, lawyer fee is depends upon approach.
4. No , for partition suit , you need not to vacate the property , read no.3 as well for this reply.
5. Law of land will apply her , and no body can snatch your share from the property.
- You can book a call from kaanoon.com to contact me , for a clear understanding .
1. No tenants are not a fault as how will they know that you have right in those properties you should send them a legal notice to make new rental agreement including your name as co-owner.
2. You should just file partition suit mentioning the details of properties and mention that original documents are with your mother which she is not showing you so court should order them to deposit property papers in court.
3. It will depend on the advocate you hire and court fees which will be according to property value.
4. No
5. Yes may be your father have transferred the house on your sister name before his death and if this happened after his death then you can pray for cancellation of transfer.
