Sir,
Mr. P (an adult Hindu) died in 2001 leaving behind wife Mrs. A and sons Mr. K, R and S. All of them where staying togather in inherited flat. Mr. R & S were doing business in inherited shop and Mr. K was in Service. Mr. K started staying sepertely in 2011 in an inherited flat and subsequently Mr. S also started residing sepertely and also seperated business in 2013 from Mr. R. However, Mr. R continued doing his business from Inherited shop.
After death of Mr. P and till seperation, Mr. R was using inherited shops for his business and use to take care of common family expenses, during same tenure Mr. R has acquired certain property in his individual and joint name with his spouse.
Now, Mr. K & S are claiming, share from Property acquired by Mr. R in his individual name and joint name with his wife contending that, the inherited property was used by him without paying any rent / compensation to other legal heirs.
Thus, in view of above facts :
Q: a) Whether contention of Mr. K and S for share in property acquired by Mr. R in individual and joint name his wife legally tenable? If yes under which law and section?
b) Can they demand their share in reasonable rent for inherited property used by legal heir R along with reasonable interest instead of share in property acquired by R in his name? If yes under which law and section?
thanking you in anticipation.
