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Brinda (sdfs)     01 September 2010

Tenancy rights

Can a brother staying in the parental/ancestral house for more than 50 yrs claim its their own property and not share it with any sibling. The siblings are married and settled in other parts of India.

By tenancy rights can my brother take the house away from us? If not how to approach. Help will be appreciated.



Learning

 2 Replies


(Guest)

A brother can claim only his own claim in the ancestral property, but he can never take the share of other siblings at all, no matter who lives where.

 

Now first of all the other legal heir should get together and get  succession certificate from court then if they wanna evict the person from that property then they have to file suit for that.

 

But take care of the rent control laws of your state.

 

A tenant is a tenant in the eye of the law,no matter how old is the tenancy.

 

I am no lawyer,so double check my advice,and if U find worthwhile,write the feedback here below.


shantanu chakrabarti (student graduation)     02 September 2010

HI I AM NEW HERE, I DONT KNOW IF ANYONE COULD SEE AND ANSWER MY QUESTION. I AM A STUDENT, STUDYING IN BIT MESRA KOLKATA, FINAL YEAR GRADUATION. I STAY WITH 4 FRNDS IN A FLAT WITH TWO ROOMS, ATTACHED BATHROOM AND KITCHEN. I HAVE BEEN STAYING IN THIS HOUSE FOR 1 YEAR WITH NO RENT AGREEMENT, BUT SUDDENLY MY LANDLORD ASKING ME TO INCRESE 10%, IS IT JUSTIFIED, IF SO THEN UNDER WHICH LAW IT IS JUSTIFIED.

ONE MORE THING THE FLOOR OF THE HOUSE IS VERY BAD, AND IN RAINY SEASON IT SOAKS A LOT OF WATER MAKING IT VERY MOIST. WE ASKED OUR LANDLORD TO REAPIR IT, AND HE ASKED FOR SOME ADVANCE OF 2 MONTHS WHICH WE PAID, BUT THE FLOOR IS NOT YET REPAIRED, EVEN AFTER A YEAR, WHICH HE HAS BEEN PROMISING TO DO SO BY A YEAR. NOW IF THERE CAN BE ANY FRAUD CASE AGAINST HIM.

FINAL ONE.; IF DRINKING AND SMOKING IN THE HOUSE BY 21 YEAR MALE, WHO IS A TENANT, WITH TWO FRNDS, IS ILLEGAL UNDER ANY CIRCUMSTANCES. ALTHOUGH THE GUY AFTER DRINKING DOSENT ABUSE OR CREATE NUISANCE IN THE SOCIETY, HE SIMPLY SLEEPS WITHOUT CREATING ANY DISTURBANCE. IF IT IS ILLEGAL THEN WHAT ARE THE POSSIBLE ACTIONS THE LANDLORD CAN TAKE.

PLEASE REPLY ME AS EARLY AS POSSIBLE AS I AM GR8 PROBLEM, IN THE LAST FEW DAYS REGARDING THESE THINGS.PLEASE. SOMEBODY..


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