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Jegadeesh kumar   27 June 2023

My fathers will and dispute with my sister

Sir, i am jegadeesh kumar, age 46. I have one younger sister. My father has a self earned property in Trichy (my native town). In 2000 i got job in coimbatore and settled here. After few years my mom & my father also settled with me in coimbatore. In 2004 my sister got married & settled in trichy. My father permitted my sister to reside in his self earned house since 2004. In 2010 my father wrote a will that his self earned house in trichy belongs to me and i can sell it or lease it..  The house is 2 floor building. My sister residing in ground floor, & first floor is rented, the rent also collected by my sister.
My father died in 2014, the original will, original property document are with me. As she is my sister, i too allowed to stay in the same house after my fathers demise, without paying any rent to me, and allowed her to collect and keep the first floor rent for her packet expenses. But have not signed in any rental aggreements sir. In 2018 my mom gave her 200gms of gold jewels to my sister. My mom died in 2022 june. Now my sister & her hubby are asking a share in that property, stating that they are living in that home for more than 19 years.
Q 1) Does my sister has a legal share in that house sir. 
Q 2) Does my sister has legal right to collect rent from that house sir?
Q 3)  How can i get that first floor tenant rent sir. 
Q 4) As i have original will & original property document, can i sell the house by making a direct sales deed.?
Q 5) Do i have right to claim rent from my sister sir?
 Still the house, property tax, eb bill are in my fathers name sir!



Learning

 4 Replies

Dr. J C Vashista (Advocate )     27 June 2023

Question-wise answer to your queries is as under:

Q 1) Does my sister has a legal share in that house sir. 

Ans: No, she do not have legal share.

Q 2) Does my sister has legal right to collect rent from that house sir?

Ans: She may collect rent on your behalf i.e., if you allow.

Q 3)  How can i get that first floor tenant rent sir. 

Ans: Inform tenants to pay rent direct to you.

Q 4) As i have original will & original property document, can i sell the house by making a direct sales deed.?

Ans: Yes, it is a valid document.

Q 5) Do i have right to claim rent from my sister sir?

Ans: Q 1 & 5 are same accordingly answer is same. 
 

Jegadeesh kumar   27 June 2023

Thank you sir, my father registered the will at trichy sub registrar office. The only difficulty is i am residing at coimbatore for the past 23 years. And she is residing in that property since 2004. A registered will at sub registrar office is a valid document sir?

T. Kalaiselvan, Advocate (Advocate)     27 June 2023

1.  No, you can issue a legal notice instructing her to vacate the premises and deliver vacant possession.

2. No, after the death of your father, his Will comes into force, on that basis you are the abolute owner and are entitled to collect the rents, she has no rights over it.

3. You can issue a legal notice to the tenant to first of all renew the rental agreement with you or enter fresh agreement with you and to pay the monthly rental amount to you directly  failing which you can instruct them to vacate and eliver vacant possession.

4. Yes, you can.

5. You can

 

Dr. J C Vashista (Advocate )     28 June 2023

She is residing in the property as a licencee which has been bequeathed in your favour, accordingly you are absolute owner/  titleholder despite the fact she is in possession of the premises and you are residing in Coimbatore.

You may collect rent, replace tenant and/ or dispose off the property as you like.


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