Legal Question in Real Estate Law in India

One of the Legal heir gives possesion Letter

I have property in my father names , he has expired. The above property is under rent control act. My brother has give the possession letter to the builder without my concent. The builder has not put his lock on the the property and does not allow me to access it.

what are my legal options ..

- I have my machinery and other thing blocked inside the property.

kindly Advice.


Asked on 10/22/07, 3:31 am

5 Answers from Attorneys
muhamed mustaque mk associates

Re: One of the Legal heir gives possesion Letter

It appears that you father was tenant as you said it is under rent control act.Though you brother has legal right to part possession, the builder cannot make any construction . You may appraoch civil lawyer where bulidung situate and file a suit for injucntion restraining builder from making any construction.

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Answered on 10/22/07, 3:48 am
Shrichand Nahar S.V.Nahar, Advocate

Re: One of the Legal heir gives possesion Letter

File appropriate suit.

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Answered on 10/22/07, 4:55 am

Re: One of the Legal heir gives possesion Letter

File a suit for declaration and permanant & Mandatory Injunction.In case of need contact with details.Professional charges are applicable.

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Answered on 10/22/07, 6:32 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: One of the Legal heir gives possesion Letter

As you have said the property is under rent control act i suggest you to file a appropriate civil suit. Please contact a local civil lawyer.

OR contact me alongwith the details.Professional charges are applicable.

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Answered on 10/22/07, 7:21 am
Alok Sharma Alok Sharma & Associates

Re: One of the Legal heir gives possesion Letter

It is not clear as to what was the status of your father qua the property. The wording suggest he was owner. So, you are co-owner. The letter given by your brother does not affect you. An injunction suit is not maintainable. You dont need declaration. Your remedy is a suit for partition in which you can claim interim injunction.

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Answered on 10/22/07, 11:11 am


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