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Division of property

(Querist) 20 June 2013 This query is : Resolved 

my parent (mother & father)EXPIRED LONG AGO.

MY FATHER WAS HAVING A LAUDRY SHOP (UNDER

TENANCY RIGHT).WE ARE HAVING PVT.LANDLORD.

WE ARE FOUR BROTHERS & 2 SISTERS ALL ARE

MARRIED.I AM THE ELDEST SON.WE HAVE NOT

TRANSFERED TENANCY IN OUR NAME.THE LAUNDRY

BUSINESS WAS CLOSED DOWN 5 YEARS AGO.

DURING 2002,MY YOUNGER BROTHER HAS ESTIMA-

TE THE COST OF SHOP RS.28,000/- HAS AGREE

TO PAY ME RS.8,00,000/- AS MY SHARE.HE

(MY YOUNGER BROTHER) MADE AN AFFIDAVIT OF

MAKING PAYMENT WITHIN A YEAR BUT HE PAID

ME RS.6,00,000/- NOT AT ONE TIME BUT IN

INSTALMENTS WHICH IS NOT YET COMPLETED.

NOW DUE TO HIGH RISE IN REAL ESTATE, THE

VALUE HAS BEEN CHANGED TO RS.50,00,000/-

NOW.BUT MY YONGER BROTHER DO NBOT AGREE

WITH PRESENT VALUE & ASK ME TO LEAVE MY

RIGHT.

IN THE ABOVE MATTER SHALL I AM ELIGIBLE

FOR THE TENANCY RIGHT.

AS I HAVE NOT RELINQUISH MY TENANCY RIGHT

IN HIS AFFIDAVIT.STILL THE SHOP IS CLOSED

THERE IS ARREARS OF 3 YEARS OR MORE RENT

DUE TO LANDLORD.

GIVBE ME MY LEGAL ASPECT IN THIS MATTER.

THANKING YOU

A.SHAIKH










Adv Archana Deshmukh (Expert) 20 June 2013
You are thinking of 'division of property' when you are having arrears of rent since 3 years. The landlord can evict you easily on this very ground and also for non user of the premises for which it was rented out.
Rajeev Kumar (Expert) 20 June 2013
You have arrear of rent of 3years. The lanlord have right to evict you on this ground
Rajendra K Goyal (Expert) 20 June 2013
Agree with expert Adv., Archana ji. You are not the owner but the legal heirs of tenant who has expired. Tenancy rights have not been transferred in the names of legal heirs. Rent is in arrears since three years.The premises has not been used for the purpose it was taken on rent. There exist grounds for eviction and you are hoping for division of property or a big share in it.
Raj Kumar Makkad (Expert) 03 July 2013
I also do endorse the advice of Adv. Archana.


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