Question regarding inheritance of a property. Property is 3 storey building. Ground floor and 1st floor is rented out to a bank. 2nd floor occupied by Elder brother, younger brother and younger brother's wife. Elder Brother is unmarried. There are also 3 sisters who are married who live elsewhere. Elder brother passed away last year and tenant has stopped paying rent since the property was in the name of elder brother. 2 sisters have signed a gift deed of their share to younger brother. One sister has passed away and had 2 children. One of the child has signed her part to the younger brother. Younger brother now owns 87.5% of the property. The remaining 12.5% belongs to the other child of the passed away sister. Sister has passed away and the child leaves abroad and is unreachable. He has not kept any relation to the rest of the family since 1998. What are the options for the younger brother who now owns 87.5% to get rent from the tenant? How can this matter be solved if the nephew remain unreachable forever?
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Apply for mutation of property in name of legal heirs
2) issue legal notice to tenant to pay rentals as 2 sisters have executed gift deed in favour of brother
3) to contact son of predeceased sister approach his father and obtain his contact details or engage a detective agency to trace son of predeceased sister
The predeceased sister's husband has also passed away. The younger brother is in India and over 70years age and the nephew is in Canada and untraceable.
Engage a detective agency to trace him
The client I am sorry to hear that but in this case since most amount of the property belongs to the younger brother then he may use that property for himself and ask the tenant to pay the rent however the other part of the property that is 12.5% of the property cannot be used by him as his nephew owns them. It doesn't matter whether he is reachable or not
If the tenant is not paying the rent to the legal heirs of the deceased owner, you can file a succession certificate case before court and obtain the succession certificate with the list of successors in interest to succeed to the estates of the deceased and on that basis you can demand rent from the tenants.
If one of the successors in interest is not available, then his share of rental amount may be deposited before court as court deposit to enable that legal heir to collect the same from court whenever he returns to India.
You can serve the summons to the last known address and if it is not served on him, then you can take steps for substitute service of summons by filing an application under order 5 rule 20 to serve the summons through newspaper publication.
1. Assuming that your elder brother, who was a bachelor, died intestate (without executing WILL), then as per the Hindu Succession Act, your deceased elder brother's property would devolve equally to his mother (if alive) and all his siblings.
2. In the instant case, assuming that your mother had predeceased your elder brother, then the property would devolve equally to younger brother and three sisters, i.e., 1/4th each.
3. As narrated by you, two sisters have executed Gift Deed in favour of younger brother as also one of the children of deceased sister has also executed Gift Deed in favour of younger brother. Except one child of the deceased sister, all have executed Gift Deed in favour of younger brother. If the Gift Deed executed by all of them is adequately stamped and registered in the jurisdictional Sub Registrar's Office, then it's in order.
4. Regarding the remaining legal heir who is in Canada and untraceable, you can obtain Court Order from the jurisdictional competent Court, since he is untraceable and has not made any contact for more than 7 years. In the instant case roughly for about 24 years. Court may likely to consider your prayer to collect rent from the portion of the property which has been let out.
He needs to file a missing complain against him and then take legal step to get declaration from the court for complete share
the younger brother has now become the co-owner to the extent of 87.5%
as a co-owner he can always take steps to recover rent from the tenant
for that he does not need the other child of the late sister to join him in an action to recover rent from the tenant
