Hi, I had given my father GPA to manage my property to collect rentals from tenants, he used to transfer all the money to his account and spent for his relatives and my brother for last 17 years. House is in my name, he put 20% for construction, though I asked him not to put his money, there is no agreement or proof of his contribution. Since he put 20% for construction, he wants the portion of house and all rental money, but he is not ready to to accept, he is staying in my house and taken all the rental money for the last 17 years, which is much more than his 20% contributions to the house construction. I have cancelled GPA given to him and asked him not to collect the rent from the tenants anymore, But he is continuing to take rent from tenants, even after I sent letter to tenants not to pay him. Since I am NRI, I have to deal with this remotely, He is harassing me that , he will go to court using senior citizen act, since he is 77 years, Problem is, he want let me stay in house when I am in India nor he is ready to give rental income, What is best action to take to recover rent from tenants and make sure my father does not interfere in my property. He has two houses of his own in native, he is getting pension and also he getting money from the ancestors land, also my father is not contributing to him, so I am not sure why I need give him for maintenance? Regards
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Few corrections, My brother is not contributing to my father, though he has given his house for rent. Property is located in Bangalore
Issue legal notice to father not to collect rentals as POA has been revoked by you
2)also inform tenants not to pay rentals to your father
3) if father refuses obtain court orders to direct father not to collect rentals and for tenants to pay rentals to you only
4) you don’t have to pay maintenance to father if he is able to maintain himself
- Since, the said property is registered in your name , then your father is not having any right to claim over said property even he has contributed for the construction of the house.
- Further , he also not has right to take the rent from the tenant directly without getting your consent.
- Since, you have already sent the legal notice to the said tenant for attorning you the landlord , then he is bound to pay the rent to you after receiving the said notice.
- Further, if he is not ready to comply the notice given by you, then you can terminate his tenancy directly after sending a termination notice to him , and also claim arrears of rent.
- Further, even if your father will approach under the Senior Citizen Act,, then also he cannot take any share in your property and hence his purpose will not serve .
- Further, you can also send him a notice to terminate the temporary licence given to him for living.
- Further, if he is not ready to settle the dispute amicably , then you can claim a share in the ancestral property even during his life time..
Cancellation of GPA is not sufficient to force tenants to pay rents to you. Issue them lawyer's notice seeking eviction for default in payment of rents, informing cancellation of GPA and alleging collusion between father and tenants, which is quite possible. Than file a eviction case before the Rent Controller under Karnataka Rent Control Act seeking direction to tenants for deposit of rents in Court. This way you can ensure deposit of rent in Court. You can file rent case through GPA given to your relative or freeing. It will take time but you will get decree of eviction against tenants.
You file a suit for permanent injunction against your father restraining him from interfering in the possession and enjoyment of your property and also from collecting rent from tenants.
If the tenants are not listening to you then you can issue an eviction notice to the tenants for not paying the rental amount.
If your father is threatening to file maintenance case against you, then you can challenge it properly on merits
If the property is in your name, you can file a suit for eviction against your tenants for non payment of rent. Then, theyy will have no other option than to pay the rent to you. You can also claim the arrears of rent from them.
Attach the legal notice sent to them by you as proof with your case.
Act as mentioned herein above
Your father if not having sufficient income to sustain his expenses he can file a maintenance case against his children seeking maintenance amount .
However since your father is reported to have sufficient income, you can prove them before court and can get his petition dismissed.
Dear client I am sorry to hear that but in this case You Can come with an eviction notice. Civil suit against your brother
As per lawi if your father is not self sufficient you need to maintain hm under law
