who is the landlord/ owner of property??
Ravikant Soni
(Querist) 27 December 2010
This query is : Resolved
Dear all,
Plz suggest me to come out the situation:
Mrs. ''M" widow was title holder and owner of a property consisting 20 shops. She has a Son 'S' only as legal heir. She executed a will in favor of her daughter in law 'D' and bequeathed all her property to said 'D' due to mis behaviour of her son. After her death the son 'S' filed some suits against the tenants of shops for eviction. The real will holder D wan't made party in that suits. Despite of fact that S has no right on the shops the suits r going on the procedure. The tenants not raised the objections abt the ownership of plaintiff son because they have not knowledge of that Will.
Now, the S and D has been separated. afterwards, S filled application under O.1 R.10 of CPC to subs. or add as party in suits along with copy of registered will. But the Court have rejected the same with giving the reason that in tenancy matters title couldn't be decided. In appeal she again suffered reluctance. High court denied to entertain the writ pet. against both orders as well.
After this, D sold property to Someone B.
B is my client, What should I suggest him to do?
Y V Vishweshwar Rao
(Expert) 27 December 2010
Dear Soni I am of the Following Opinion!
B- has to take the legal Steps to get his title through D Declared making all the parties to issue -S & D Tenants and to seek directions to deposit the Rents in the Court till the disposal of the Suit -
D was to file Petition for Succession Certificate or Suit on the basis of Will Deed for declaration of her Title- It appears it is already delayed ! Now the Purchaser - B Can take Steps in this regard !
Gulshan Tanwar
(Expert) 27 December 2010
Declaratory suit as well as Mandatory/ Permanent Injunctions against the Son of the deceased person.
Also to file recovery of Mesne profits suit under 20/12 CPC.
ashish lal
(Expert) 27 December 2010
agree with Mr Tanwar
Gulshan Tanwar
(Expert) 27 December 2010
Even in rent law there is provision that any person who is obtaining any rent as landlord or otherwise has to submit it to the owner of the property and when law is crystal clear than why not my Ld. friend is taking action.
Ravikant Soni
(Querist) 27 December 2010
Thanx Mr rao and Tanwar.
Guest
(Expert) 27 December 2010
Mr.Soni, I read your query. Had D sent any letter to tenants informing them that she bequeathed the property by Will and henceforth they should pay the rents to her? In the absence of which, the tenants cannot automatically pay the rents into the Court. Or atleast, B can send a detailed letter to the tenants incorporating the details of Will and Sale transaction took place and now he is the present owner. If the tenants agree and pay to him, well and good. Otherwise, they can raise bonafide denial of title and pay the rents into the Court.
Surrender K Singal
(Expert) 28 December 2010
Latest opinion of 27.12.2010 seems more practical
