• Dispute over Trust property

My grand mother (mother's mother) has been staying in one of the Trust properties since her childhood (3 yrs) which was constructed for charity reasons then, now she is 90 years old.The one good benefit of those houses is that u can stay as long as you want and no one would question you however I guess it is illegal to demolish,re-construct or sell the house to anyone else, still these things have been happening and are happening.now my issue would start here i have a elder brother we both have been staying with our granny since our childhood.my elder brother got married 3yrs back and his wife(my sister in law) is giving him wrong directions to enjoy the property solely and creating a hell lot of problems to my widowed granny and widowed mother so that they can vacate.This trust has been collecting rents on a very nominal basis which quotes my great grand father's name (i.e my grand father's father) Can you suggest me in this scenario will my brother have any legal heir right on the property ( my mother is the only child to my granny) however she has brother-in-laws and their children vl they also have a rite.My idea behind these questions is can my granny write a will stating her interest in dividing the property or get my brother vacate the house.what if we sell the house without my brothers knowledge can he take any legal action
Asked 4 years ago in Property Law from Secunderabad, Andhra Pradesh
it appears that your great grand father was a tenant . on his demise you ought to have rent receipts transferred in your grand mother name . you can approch turst and have rent receipts transferred in your granny name.  please note that tenancy rights cannot be bequeathed by will . your granny can move senior citizen tribunal and obtain an injunction restraining your brother and his wife from entering the premises .
your granny can transfer/ relinquish  her tenancy rights for valuable consideration after prior consent of the trust
Ajay Sethi
Advocate, Mumbai
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