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rajesh singal (xyz)     04 December 2017

Query to know the legal process

My wife is owner of a first floor in a residential freehold property in delhi vide registered gift deed from father. Currently she is not staying in this property and her brother is staying on ground floor of the said property. Although the property was gifted long back to my wife by her father and during his lifetime her father was taking the rent of the first floor which belong to my wife and she had no objections to it. Now recently her brother who is staying on ground floor has given her first floor on rent without her permission by executing a rupee 100/- stamp paper rent agreement( un-registered) on his name. My wife values more to relations than money, so she still have no objection that her brother takes the rent of her floor but at the same time she would like to know from you experts that going this way, will anyway create problem for her to claim her ownership of first floor in future in the said property. She questioned her brother verbally and he said that he is just continuing the way as it was during their father’s lifetime. My wife even offered to her brother to execute a registered rent agreement between tenant and her and she would give the rent received to her brother by cheque but he refused saying it is too complicated. She really don’t know the intentions of her brother. Please guide, if at this moment she need to follow some legal process to safeguard her interests.


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 4 Replies

Vijay Raj Mahajan (Advocate)     04 December 2017

Rent deed should be in the name of your wife as landlord and tenant. So firstly get a new Rent deed executed even on Rs 100/- non-judicial stamp paper to be notarized copy of which be kept with your wife. As this Rent deed is for 11 months and after 11 months when a new Rent deed is executed the same process to be continued. The amount of rent received may be shared with her brother and not allowed 100 % to him for evidence purposes if needed in future court case. As the requirements of money may not be big issue now for you but this will ultimately be the ultimate issue of any dispute among both brother and sister. I'm based in Delhi/Gurgaon and you can contact me directly through email for professional consultancy. vijaymahajan5758@gmail.com

Kumar Doab (FIN)     04 December 2017

If relations are valuable then both sides are expected to value the relationship.

Your wife on her own has offered the rights way to her brother and he has shrugged it off disposing it as too complicated.

Gift is complete the moment it is given by donor and accepted by donee.

Your brother in law is probably building record that the daughter (done) was never in possession of the property……or has adverse possession on back of mind. Although it may be a bad faith  adverse possession.

Take possession and charge of property.

Kumar Doab (FIN)     04 December 2017

Tell the tenant that he/she has to sign rent agreement with owner and NO one has been given power/PoA etc to rent out the premises….and rent receipt if any given by anyone other than owner is invalid.

Spread a word with local dealers that provide rental services to communicate direct with owner.

If the premises are not very dear to you, you can think about disposing it  or take proper care to be in possession.

Take a stand.

Remain gentle and amiable.

One can take a solid stand and act properly while keeping the relation also.

rajesh singal (xyz)     07 December 2017

As per your advice my wife has approached her brother to do the rent agreement with tenant but he refused and now he is saying openly that since he has possession of the premises, so he is lawful owner and my wife has no share despite of registered gift deed. 

Please suggest what are possible options. 


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