Tenancy and ownership
Hemant
(Querist) 13 September 2016
This query is : Resolved
Hi,
Two brothers were residing in a tenanted property ...the elder brother the original tenant passed away leaving behind his wife and 3 already married daughters (all married with kidswhile he was alive). The second brother became the tenant and rent receipts starteD coming in his name..property went in to redevelopment and the tripartite agreement was signed and duly registered in the name of the second brother... the second brother too passes away...leaving behind wife and kids who are now the legal heirs of the new owned redeveloped premises... and have already taken possession and are residing...
The wife aged 80 and daughters of the elder brother has filed a civil suit in high court fighting for rights in the property forging the new rent receipts... and other documents...
My query is as follows..
1. Is the tripartite agreement between the landlord , developer and the recognised tenant by the other two parties... holds any water....i mean is the tripartite agreement imcreases the chances in favour of the agreement holder?
2. After the demise if the elder brother wife...can their daughters still fight for rights as legal heirs?? As daughters all married long back...the wife of elder brother used to stay with us....but wad never issued a rent receipts in her favour you...whi h she has forged now by her daughters...
Looking for your expert opinions
Thanks and regards
Kumar Doab
(Expert) 13 September 2016
The rent receipt in second brother's name and agreement thereafter in second brother's name.
The family left by first brother probably did not vacate the property.
It was probably an arrangement that usually happens to let male member take over after death of one male member.
What is the need of litigation!
Let everyone from family of both brothers share the proceeds.
Guest
(Expert) 13 September 2016
This query is too technical and require personal document analysis too. Since matter is already in Judiciary better I don't give opinion . Because neither I have seen documents, nor Pleading of any side personally .
Guest
(Expert) 13 September 2016
As your case needs detailed examination and analysis, better discus the whole case in detail with some local lawyer after taking personal appointment.
Hemant
(Querist) 14 September 2016
The daughters of the first brother all 3 are married and stay with their husbands and kids since 85 i guess...
And yet in the document they have given their permanent address of our old premises...which is a lie.
Hemant
(Querist) 14 September 2016
They have filed litigation as they want entire new premises and strip us of our rights...
It's a request if someone can please answer my limited point...
Can the daughters of the wife of thefirst brother fight for the rights after the widows death?? As even they have added their name in the suit
And secondly is tripartite agreement an absolute proof of the ownership
Kumar Doab
(Expert) 14 September 2016
As suggested by Mr. Madhu, Mr.Dhingra prefer to show all docs on record discuss the matter with a very able counsel for a considered opinion.
Guest
(Expert) 14 September 2016
Mr. Hemant,
What do you mean by "I GUESS" in your statement, "The daughters of the first brother all 3 are married and stay with their husbands and kids since 85 i guess...?" Don't you know they are staying with their husbands or not?
However, that very term, "I GUESS" clearly gives a hint that the instead of your problem, it is a hypothetical academic query. Guess has no relevance in any legal issue.
Also, is there any specific objection, if they have given their permanent address of old premises in the document, if they had been living there before marriage?
Further, your question "can the daughters of the wife of the first brother fight for the rights after the widows death" seems to be irrelevant. The question arises, why you feel that they not fight for their right after the death of their mother?
If it is a real problem, better show all the related documents to some local lawyer to get appropriate advice and satisfaction of your doubts.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 14 September 2016
Elder brothers wife has right to stay or in proceeds despite agreement made with second brother while he was alive. Settle the matter amicaly
Raj Kumar Makkad
(Expert) 14 September 2016
I do endorse the wise advice of ld. Dhingra ji. seek second opinion by showing your documents to another lawyer.
Kumar Doab
(Expert) 14 September 2016
Legal heirs can step in.
Expert Mr. Patil has also advised you for amicable settlement.
If the legal heirs are entitled then what is the purpose of litigation.
Obtain another (second/third/fourth............) opinion and if there are no merits on your side close amicably.
Dr J C Vashista
(Expert) 15 September 2016
I agree with the expert advise of Mr. PS Dhingra, seek guidance from a local lawyer as it require all relevant documents to be perused.
cherukuri prasad
(Expert) 15 September 2016
Tenancy rights are generally not heritable but check your state laws
Rajendra K Goyal
(Expert) 20 September 2016
Agree with the expert P.S Dhingra ji.
