1) seek orders to direct brother to deposit rentals received by him from tenants in court
2) if mothers dies intestate her share devolves in sin and daughter equally
Rent share
Dear Lawyers, A person named Ravi (Hindu Family) & His wife passed away in 2019 & 2021. No WILL. Ravi's mother, son, and daughter are legal heirs as per Ravi's legal heir certificate. Ravi's all properties are Ravi's own earned properties. Till date, Ravi’s properties are not yet divided among legal heirs. Still all properties in the name of Ravi. 3 Properties of Ravi fetching the rent around 1 lakh. Still now rent collected by Ravi Son. Not shared with ravis daughter. Partition suit already filled by daughter in the month of Oct’2022 including the tenant as Defendants Question: 1. How to get the portion of rent legally ? or How to ask the tenants to pay the rent to the court? 2. If Ravis Mother passed away and No WILL or Settlement . Will Ravis daughter get 50% or not?
Asked 3 years ago in Property Law
Religion: Hindu
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9 Answers
- File a petition in Court seeking direction to all tenants for deposit of rent in Court. Rent will be accumulated in Court and paid after the final decree to the sharers entitled.
- Mother as of now is entitled to 1/3 share in properties and income from properties. If she executes any will, it can be only with respect to her share. If she passes away without will surviving legal heirs will share the property and income equally that is, half share each.
For the info: Ravis Mother having another one son and one daughter. After Ravis mother , Will another son (Ravis brother) of ravis mother can claim on this undivieded property?
Asked 3 years ago
On mother demise all her children have equal share in property
- As per law, after the demise of Ravi intestate , his property would be devolved upon all his legal heirs equally i.e. mother , wife , son and daughter will have equal share in the property & assets .
- Hence, the daughter being one of the legal heir is also entitled to get rent of the tenanted premises.
1. She can send a legal notice to the tenant to attorn her also landlord and to pay the rent to her alternatively.
- Further, since the partition suit is already pending before the Court, hence she can move an application before the same court for granting her permission to take the rent or to deposit the rent in the Court.
2. Yes, after the demise of mother intestate , the daughter can also claim equal share .
1. By filing a suit in court and getting order for share of the same
She will get her legal share
1. She has to file a petition seeking share inn the rental mount/mesne profits and also a direction to the tenants to deposit the rental amount to the court directly so that no one can use the amount during pendency of the suit.
2. Yes, the daughter shall be entitled to half share in the property.
As the property left behind by Ravi has not yet been divided and his mother has not acquired her share in the properties, if she dies in between, then her share ion the property shall devolve on her legal heirs which will include the legal heirs of Ravi too.
1. An application can be filed to deposit in the court.
2. As son and daughter are legal heirs they stand to get 50%.
G.Rajaganapathy
Dear client, I am sorry to hear that but it this case you have to awkward legal has certificates in order to get all the Rise of the deceased person
