Legal Question in Real Estate Law in India
illegal occupancy
My Father's ancestorial house is shared by 3 brothers.During partition 9 years ago an agreement was made indicating precisely who would be occupying which part of the house. My Father and his youger brother constructed a commercial building jointly(Boundries of each share of land has been registered separtly). They started the business also.
Last year my father passed away. My self and my brother are away from the town on JOB. Currently my uncle and his son are running the business. Beliving them my younger brother transferred the business partnership rights of my father to his younger brother's son. Now its been more than year, they are not giving the Rent of the property or share of the business. Could you please guide us how to proceed further on this.
2 Answers from Attorneys
a suit for recovery of rent can be filed and a declaration can be sought disentitling the uncle from enjoying the share of father.
Explore mutually resolving the dispute as same is within family.
Failing that, approach court.
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