1) file suit for eviction of tenant on grounds of personal necessity 

2) deceased sibling share would devolve on his wife and children .if he is un married it would devolve on his siblings 

3) other sibling can execute will or gift property 

4) you cannot restrain brother from executing will in favour of third party but you can challenge will on his demise on grounds of coercion or undue influence 

1. Your father cannot get the proeprty back from the tenant, because the tenant is living in that flat on an authorisation, i.e., rental agreement.

If your father is having any right for a share in in that flat, he may file a suit for parturition and seek serrate possession of his legitimate share in the proeprty. He may also file an application in the same suit asking for his share out of the rental income derived from that flat.

2. If the deceased sibling has died intestate and ther are no class I legal heirs surviving his death, your father, as a class II legal heir, is entitled to a proportionate share in that property too.

3. He can transfer his unidentified share alone and not a particular property without a proper partition among the shareholders.

4. By filing a suit for partition. 

1. Your father can file a suit for eviction against thr tenant as tenant is not paying any rent to your father which he should as he is the part owner of the property.

2. Share of the deceased sibling will go to his class 1 legal heirs. If there are no class 1 legal heirs of his estate will devolve upon class 2 legal heirs as mandated for Hindu male.

3. Yes 

4. File a suit for injunction get stay on any third party interest being created on the property. 

1. By filing eviction suit against them

2. It will pass on to his legal heir

3. Yes only his share

4. Depends on your understanding

1.  Let the tenant/s be served Legal Notice, if the term of the Rental/Lease Agreement is over, to vacate the premises forthwith. If there's no positive response, file a suit in the jurisdictional civil Court for eviction of the tenant/s.

2.  In view of intestate death of one of your father's brothers, his entitled undivided share in the property gets equally divided to his mother ( if alive ) and siblings. 

3.  Since it's an undivided dwelling house, the other sibling can't sell his undivided share to the tenant or any third-party without offering first to his siblings to buy the same. If the other sibling/s refuse to buy his share, then only his share can be sold to the tenant or any third party.

4.  All the legal heirs can come to an understanding through a Family Settlement Deed and incorporate the clause that the property to be kept within the family members only and whosoever legal heir wants to sell his share has to first offer the share to other legal heirs only.

1. your father as one of the co-owners can file an eviction suit against the tenant provided there is breach of tenancy terms by the tenant 

2. his share will devolve on his legal heirs as per intestate succession

3. yes nothing stops him from doing that. however he can only deal with his own undivided share

4. you can file a suit for injunction against the other co-owners u/s 44 of transfer of property act: [please see the portion in underline]

s.44. Transfer by one co-owner.—Where one of two or more co-owners of immoveable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires as to such share or interest, and so far as is necessary to give, effect to the transfer, the transferor’s right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions and liabilities affecting at the date of the transfer, the share or interest so transferred. Where the transferee of a share of a dwelling-house belonging to an undivided family is not a member of the family, nothing in this section shall be deemed to entitle him to joint possession or other common or part enjoyment of the house.

Dear client, 

1) it is better to go for partition and then get the property released from the tenant or else your father can take permission from other members who have interest in the property and then get it released. 

2) No will means his share and his next-generation share will be given to his legal heirs as per the succession laws on India

3) Yes 

4) It is all about mutual consent and negotiation by the family members. 

Thank you

- Since, they got the said property by way of gift deed , then after receiving the gift it will considered as self acquired property . and each having his respective right to deal with the property. 

- Further, as the property is undivided ,then your father can request them for partition of the property , and on refusal by the surviving siblings and the family of deceased sibling , your father can file a partition suit before the court. 

1.He can send a legal notice to the said tenant to vacate the property , and if no response then file an eviction suit before the court being the one of the legal owner of the property. 

2. His 1/3rd share in the property will be devolved upon his wife and children if he was married. 

3. A tenant cannot be owner of the property by way of a WILL or gift deed. 

4. Your father can file an Injunction & Partition suit before the court for restrain the other sibling from selling /transferring any portion of the property without his consent and to get partition of the property. 

1. File Partition Suit, in the local Civil Court, to claim share ratio of the deceased sibling. Based on Partition Decree, the property of sibling can be sold /gifted /whatever .... by following due procedures of law.

Keep Smiling .... Hemant Agarwal
Visit: www.chshelpforum.com

Your father has to file a partition suit at the jurisdictional court for division of the property. In the suit, include the tenant also as a necessary party and seek his eviction.