Legal Question in Civil Rights Law in India

my father passed away in the year 2002. a portion of the ancestral property inherited by him was partition amongst his five sons, leaving the remaining portion managed by him, undivided. my mother is still alive but my youngest unmarried brother passed away in 2006 without any encumbrance. presently we are 4 brothers and two sisters who are married. the property is situated in kerela and i am staying away from the property for over 30 years, visiting the family every summer. i request the following clarifications:.

1. what are the rights of the surviving members of my fathers family.

2. the property is being managed by the younger brother since my fathers demise in the year 2002. he discontinued keeping any records or accounts of the income and expenditure from the property. therefore what are his liabilities and responsibilities towards the other members of the family?

3. is he authorized to lease or rent out a portion of the property? if so what are the rights of the other members on such rental income.

4. can any one of the male member of the family challenge his action of renting out the property? also should he be liable to share this rental income with other members of the family? the actual rent is not disclosed.

5. can any member demand the eviction of tenant through a court of law? whether my younger brother has committed a criminal breach of trust by secretly renting out the property without the consent of all or any one of the members of the family?

6. what are the rights of grandchildren on such undivided ancestral property?


Asked on 4/05/14, 10:47 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

06.04.2014

Dear Sir / Madam,

1. The surviving members enjoy equal 1/7th rights in your father's property;

2. The younger brother is accountable to all the inheritors for the income and expenditure from the property, but all other surviving members are equally responsible to ensure that proper books of accounts are maintained;

3. If the property is already partitioned, the younger brother is entitled to lease or rent out only his portion of the partitioned property;

4. Yes, any other surviving heir can challenge the younger brother's action of renting out their share of the partitioned property;

5. Yes, any other surviving heir can demand the eviction of the Licensee from his share in the partitioned property through a court of law. If your younger brother has come forward and taken the initiative to manage the family property properly, the other surviving members are legally responsible to support the younger brother to ensure that everything is in order;

6. Grand children's right on the property accrue only after their parents are no more, and not till then.

Regards,

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Answered on 4/05/14, 7:12 pm


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