• Rented shop

This is regarding issue of rented shop. 

We are having a shop in front of our house which is a part of our house. Which is on rented. Given by my uncle to some one.

As he did agreement with him for may be 15 year.

But issue is that house is on the name of my great grand mother after her death  house is on the name of my father. Because my great grand mother wrote a wil on my father name. 

Our uncle is not sharing rent amount with us 
we asked the shop person that please leave the shop as now owner of the house is my father. But he is not leaving shop.  

We are in plan to sale the house but.

Unable to do so because shop person is not leaving the shop.

As discussed with my uncle regarding take 1000 sq fit of total size of 3000 sq fit house and allow us to sale the rest of house but he is not agrey he is saying that we required 50%  as we are 7 people including my grand father my grand mother my father my mother my wife and my younger brother all responsibility we are taking.

And my uncle family is of total 4 people uncle aunty and 2 girls of him .

But he is not agery for the same.

Now what do i do plz help.

I need to sale my house.

Regards

Siddharth

Ph 9993297709
email:-  siddharthjohary@gmail.com
Asked 6 months ago in Property Law from Indore, Madhya Pradesh
Religion: Hindu
1)your great grandmother bequeathed house to your father as per her will 

2) on basis of will property has been mutated in your father name 

3) please clarify whether notice was issued to uncle before mutation done 

4) whether probate obtained of the will 

5) your uncle could not have given premises on rent without the consent of owner of house 

6) your father should issue legal notice to tenant  to vacate premises

7)if he refuses file suit for eviction against tenant 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
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Under this situation it is always better to file a partition suit and seek separate possession.  This suit can be filed by your father agaisnt his uncle because he is the beneficiary of the will.  
If the partition shall be amicable then the litigation can be avoided including the litigation expenses etc. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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How did your uncle rent out the property in the first place if he was not the owner thereof? Did your father execute a POA in his favour to authorize him to rent out the shop? Subject to the answers to these questions, your father can file a suit for eviction against the tenant and also a suit for recovery of money against his brother to recover the rent. 
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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Probate is not mandatory except in presidency towns. If the shop is the part of the house that has been bequeathed to your father then the latter can successfully maintain a suit for eviction against the tenant and also for recovery of rent against his brother.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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1) As per will your father has100 per cent share in the house 

2) uncle has no  share as per will 

3) uncle has not filed any suit for partition nor disputed the will 

4) file eviction suit against tenant . 

5) you  can wait for disposal of suit and then sell the house 

6) If father sells house now he won't gat the market price of house
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
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If there has been no demarcation between the house and the shop and both are inseparable, then your father may apply for surveying his property to the Land survey department or the local civic body under whose control and limit this property falls. After survey and demarcation as per the property documents in his favor, your father make arrangement to secure his property.  Let your uncle come with this claim and you can challenge his claim in the house property if he cannot prove his claim by documentary proof. Let him file a suit and you can defend the same before the court. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0

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