How to stop renting of a floor without mutation

Krish (Querist) 24 December 2010 This query is : Resolved
I am residing on the GF of our house for the last 20 years, owned by my mother, who expired in AUG 2005. We were 3 legal heirs – me, my bother and my father. My father was expired in Feb. 2010 and my elder brother expired in August 2010. his widow along with his two children shifted on the first floor of our house after the death of my brother from her Govt. allotted flat as she is working with MTNL. The second and third floor of the house is vacant. Except ground, all three floors have separate common staircase. My mother has left no WILL of the property. The mutation of the property still has to be done in our name and she is not co-operating to do the same, and now she wants to rent out the second floor forcefully, where she has no ownership rights. How I can stop her to do this and how I can get the mutation of the property.

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Devajyoti Barman (Expert) 24 December 2010
If the house beloinged to your parents then on their death intestate both you and your brother has equally inherited the property presuming you have no sister.
If that is so then your brother's wife and her chldren have got half share in it and as no partition is made they can give any portion on rent.
So to restrain them from doing so, you should file a suit for partition and also for injunction so that any part of it may not be transferred or given on lease without the permission of the court.
You can nevertheless try amicable partition too with your borther's wife.