Legal Question in Real Estate Law in India
My mother has a immovable property which was purchased and settled by her mother i.e., my grandmother through gift settlement deed in the year 1971. Now my mother is alive and has six sons. Among them two sons letout a portion of the property by executing themself with tenant and receiving rent about two years.Another one son occupying another portion by giving no rentto my mother.My doubt is
a) Can I, being a another one son, file a suit against the tenants to pay the rent to my aged mother or deposit in court?
b)Can I file a petition to fix the fare rent on the property ,in which one of my brother occupy without giving any rent to my mother,before the rent controller in tamilnadu?.
2 Answers from Attorneys
No you cannot do anything against your brothers but only your mother can file cases against your brothers. She is the absolute owner of that property.
you mother is the only owner so she can file the suit against the tenant.you hvae no right but as your mother is aged so you can proceed the case by taking the registerd power of attorney from your mother
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