Right of legal heir of deceased tenant
Satish kumar
(Querist) 11 May 2017
This query is : Resolved
Hello Experts,
I have situation where Tenant(Mother) deceased in 2012 leaving 3 sons in which 2 sons are co/joint tenant living is same Pagri system property in mumbai, Now 3rd son is asking for share from remaining 2 sons (his brothers) and they are not willing to give his share. so 3rd brother(son of deceased tenant) want to sue for his legal right.
Landlord is also (brother of Deceased Mother) and said property is still under name of deceased mother and remaining 2 sons, 3rd son need his share,
kindly suggest what suit he can file?
Dr J C Vashista
(Expert) 11 May 2017
A tenant has been handed over possession to occupy demised premises, which is being occupied by 2 brothers. On the other hand no right, interest or claim of 3rd brother existed, who have left the demised premises.
Title of the demised premises is intact with landlord despite the fact he has handed over possession to the deceased mother of the occupants.
Kiran Kumar
(Expert) 11 May 2017
Dr. Vashista is right the tenant has got no title to his name qua the property in question.
The sons of the deceased tenant have merely stepped into the shoes of deceased tenant as tenants only. The ownership/title remains with the landlord/owner.
Rajendra K Goyal
(Expert) 11 May 2017
Should have tried to have amicable settlement among brothers, failing there may be trouble.
Tenant is tenant and not owner.
Third brother may not succeed in his claim.
Kumar Doab
(Expert) 11 May 2017
Agreed with Dr J C Vashista and experts.
Dr J C Vashista has also duly pointed out:
"On the other hand no right, interest or claim of 3rd brother existed, who have left the demised premises."
Dr J C Vashista
(Expert) 12 May 2017
Thank you Mr. Kumar Doab for agreeing with me.
Kumar Doab
(Expert) 12 May 2017
You are welcome Dr J C Vashistaji.
