Legal Question in Real Estate Law in India

succession

my father died intestate in 2003 and mother predeceased him.we are 5 brothers and one sister. all of them live in india except me.

one of our brother is not coperating therefore we are not able to do the mutation and succession.this brother has the possession of house and not letting any body use this house . he recently rented this house and taking rent and not sharing with other brothers.

please suggest what to do. The property is situated in Kanpur UP and this brother is an advocate living in allahabad.


Asked on 6/09/08, 12:14 pm

4 Answers from Attorneys
Manish Dhingra Legal

Re: succession

You shouldnt have waited to allow your brother to rent the house in the first place.

Anyhow, file a joint declaration suit (all brothers and sister) for mutation & partition in the district court. Along with this suit file an injunction suit (application) against your brother for status quo (position before renting) and also make the tenant a party to the suit. This will pressurize the tenant also.

My hunch is that the court will club both the cases and will ask the tenant to deposit the rent to court rather than paying to your brother.

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Answered on 6/09/08, 2:02 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: succession

You need to approach civil court and get appropriate reliefs.

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Answered on 6/10/08, 12:13 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: succession

You may file a suit in civil court through a good lawyer and obtain appropriate reliefs.

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Answered on 6/10/08, 12:27 am

Re: succession

Firstly claim your share in the property.All you brothers should sent legal notice claiming your right and share in the property as wel as share in the profit derived by your said brother and thereafter file suit for possession and rendition of account against the erring brother.In case of need contact with details for further advise and action.Professional charges are applicable.

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Answered on 6/10/08, 2:37 am


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