• My property is occupied by my father-in-law

My husband expired 18 months back.We have two shops, one ground floor, the other on first floor in our native place. We purchased them in 2008 and registered on my  husband's name. Since then my father-in-law gave them on rent as we stayed in mumbai. He never gave us the rent, instead he paid our LIC premium around 32 thousand rupees every year. Though this amount is far less than the rent collected, we never asked him as we were financialy in good condition. Now since my husband is not there, we stopped paying the LIC premium and i need the rent for my living. My father-in-law is not paying me the rent, nor giving the shops keys. Property papers are also with him. He is not ready to give the papers. One shop is occupied by a tenent and the other is used by my father-in-law as a store room. I hope i can get a duplicate copy of my property papers. Please guide me, how should i vaccate both of them.
Asked 3 years ago in Property Law from Hyderabad, Andhra Pradesh
are both shops in your husband name ? did he leave any will ? is your mother in law still alive . issue legal notice to father in law to hand over original documents of the property . if he fails to do file suit to direct your father in law to hand over papers and vacate the store room in his possession . if leave and license agreement was executed with tenant by your husband dont renew agreement on expiry .
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
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since both properties are in your husband name on his death shops would devolve on his legal heirs . 
it is surprising that shops have been given on bais of oral agreement to tenant .
 your husband  ought to have entered into leave and license agreement for period of 11 months or more and should have taken security deposit  from tenant . you can issue legal notice from hyderbad to tenant to vacate  the shop . .
 but for filing suit of eviction you will have to file within jurisdiction of court wherein shops are located .
 similarly issue legal notice to father in law to hand over original documents of the shops lying in his possession . contact a local lawyer .
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0

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