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DEBASISH.M1 (MBA)     07 October 2019

Right to live on grand father's ancestral property

Here My Father reconstructed a small building on my Grand Father's old Ancestral building of around 4.5 Dismil in native town then rented both ground and first floors to same tenant for more than 12 years as today. Me & my spouse never stayed in this Ancestral Property ever where entire village and this land belong to our fore fathers. Recently we approched tenants to vacate with a month notice but even after 2 months they are totally reluctant providing various reason like "my father want them to continue". My Father a senior citizen staying in another city where they do deposit rentals regularly every month but unwilling to vacate. Me & my spouse need ground floor for personal use urgently. -----Query----- 1)What are legal remedies available to vacate tenant in this case ? 2)Do I have equal rights in this Ancestral Property as My Father currently alive ? Please advice.


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 6 Replies

Adv Deepak Joshi +917017821512 (Advocate)     08 October 2019

in case notice is already served to tenents try to settle matter amicably if they do not vacate in file eviction suit in competent court.

G.L.N. Prasad (Retired employee.)     08 October 2019

First get a settlement deed of the property  in your favour, then  issue notices for vacating the property for personal use, and use village elders to bring pressures on the tenant as mutual relations are most important in a village.

Real Soul.... (LEGAL)     08 October 2019

you need to ask your father to partition the property and then if the rented premises falls in your share then you can issue legal notice to the tenants.

IF you get your father's permission (as the premises rented out by him and he recieves the rentals too) then you can file suit for eviction for personal necesssasity in the court on his behalf.

If u have no place to live in the city  where the premises is located you can get sucessful eviction, though that is too time consuming ;prefer to prssurize the tenants through your father.

DEBASISH.M1 (MBA)     08 October 2019

Above Scenario where land record still in my Grand Father's name.

is Father's consent or signature required to issue legal notice to tenants for eviction as this Ancestral Property ?

Real Soul.... (LEGAL)     08 October 2019

you should file then partition suit and get your sares specified. Then you individually can deal with your share.SInce i told you that your father is managing the rented property and the tenants are depositing the rent in your father's account you need to get POA from your father to proceed in the matter forcefully. You can issue a legal notice or can file eveiction suit but your father being necessary party mut join in that as plaintiff. 

Real Soul.... (LEGAL)     08 October 2019

TYPO;; *read Shares instead of sares


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