Property Cases

How to take possession over my father’s house?

How can I take possession over my father’s house? Is there any legal formality before taking such a possession? There is a house owned by my father. Both my father and mother expired. How to take possession over my father’s house? There are two daughters as legal heirs, me and my elder sister. The house is of G+1 and the built area of the floors are unequal. 

There was an attempt for an amicable settlement where I was given the option to take the floor that has 75% of constructed area as compared to the other one. 

Since I am not ok with it , I suggested a vertical partition leaving the common passage. But my elder sister and her husband did not agree. Now they occupied the entire house and enjoyed the rental income of the other floor as well. When we tried to enter the premises they locked the gate so we reached the police station. 

But it did not work as they were influenced by the local political power. We filed the partition suite and it is in progress. Is there any legal procedure that will help to enter the premises and stay there till the verdict for the partition suite is given.

How much share do I get in my father’s property?

My father has died but my mother is alive. I have 5 sisters and we have 4 brothers. Among them 2 sisters and 1 brother are below the age of 18. My father had owned 9 acres of land but he died without any will. And my mother owns 1 acre of land. How much share do I get in my father’s property? For Making of EWS certificate who will be included in ‘Family’ (as given in EWS certificate format) and what will be the total land share of that ‘Family’. 

Tenant has promised to clear the dues shortly but he is trying to cause delay in payment

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I rented my house in March 2021 through a rental agreement. Police verification was done at that time but I couldn’t collect the same because of being out of Station due to Corona. Now the man of property dealer who had dealt with this case has all of sudden left the job and is not traceable so all these documents are not available with me. 

The tenant is also not in the flat and has not paid rent for two months. After several attempts I could contact him and he paid rent for one month saying his father is in ICU and he will pay rent shortly but I can’t trust him. What should be my next course of action in the above circumstances? Should I wait for some more time?

Tenant has not been paying rent – Eviction of tenant

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My tenant has not been paying rent since November 2019. I am a 68 year old person from Visakhapatnam. I gave my shop on rent to a person for tailoring. He paid the rent for the last time in Aug 2019 through phonepe. From Nov 2019 he stopped paying current bills also. So I tried to call him to warn him about these things but he didn’t pick up the phone then. So I locked the shop in Feb 2020 having no other option and sent him an sms to meet me, vacate the shop and pay the outstanding rent. 

He then came to and blackmailed me that if I didn’t give him the shop back. He would harass me through the police. As I didn’t give him the shop. He filed a wrong complaint against me in the police station in July 2020. But police told him to pay rent first and then do anything in court or in the presence of elders.

Suddenly on 28th Dec 2020 at 2 am he tried to break the lock of the shop. When I heard the noise, called the police and video recorded it and next day filed a complaint against him on which no action was taken till now. I am losing 2 yrs of rent because of him. I have no other sources of income and my children are still young. Please tell me how I can evict him and collect my outstanding rent of 2 yrs?

Tenant owns a house in the same city: Eviction of tenant

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Our father had purchased three houses together in a colony, more than 50 years ago. Two on the ground floor, in which we were already living there on rent. And One house is on top of these two houses. A tenant family was on rent, the time we purchased it. This tenant is no more and his wife lives with her elder son now. Her daughter is married & settled. And though both of her sons own houses in Dehradun. Her younger son is living with his family in our house and not vacating it. 

Our family has extended and we need this house to be vacated urgently. According to the tenant this house is an allotment house and can not be vacated. Is there any new law supporting a landlord in this kind of situation? Please help and guide.

Builder and landlord dispute so can I take my money from the builder

Builder and landlord dispute so can I take my money from the builder. Flats booked in 2009 ( not registered only have allotment letter full and final payment made by cheque) but the builder is still buying time.  The plot is still under dispute between the tenants, the landlord and the builder. No demolition done tenants are still living there , I’m a user not an investor staying on rental since 2009. Where my case stands in court of law, what are my options? Can I approach under consumer protection 2019 or this case can be sorted out in Maharera because it is 12 years now since the booking can’t wait any longer.

The Builder took too much time to complete this project. He does not want to return my money. In this situation what is the option available to me against the Builder for taking money. I am very sure that the Builder will not return my money. Can I initiate any legal proceeding against the Builder for refund of money either with interest or without interest?

Builder is missing how to file a complaint against him?

The Builder is not present at his place of residence therefore the summon has not been served upon him. How to file a complaint against a builder who is missing from his address? A complaint petition was lodged to RERA, ASSAM against Promoter vide Case No.RERA/ASSAM/COM/ in the month of Feb/2021 who ought to have completed construction of my building on 03-09-2016 as per MOU. 

After 6 month when I inquired about the matter in RERA, Assam regarding my complaint, I was informed as they could not locate the concerned Promoter (Promoter had in the meantime changed his address). The matter is pending and could not take any action until they got the proper address. Why has RERA not exercised their good office to locate the concerned promoter?

Limitation period for cancellation of probate

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I want to file a case for the cancellation of probate. The district court has granted the letter of administration in the course of probate proceedings. The executor of the will did not make me a party in the probate proceeding. Therefore, I could not have had information about the filing of such a proceeding in the district court. 

When a person files a civil suit for the permanent injunction thereupon, I get information about the probate. The aforesaid probate is false and frivolous. It has been taken by playing fraud on the part of the executor. Therefore, the judgement of granting the letter of administration is invalid. We are the owners of this property because our deceased uncle had granted us permission to make a residential flat on his property. The value of this property is very high because it is situated near the main city.

Therefore some builders and brokers are keeping their eye on this property. They have connived and made a clandestine deal with the executor in order to grab this valuable property. Can I file any civil suit for the cancellation of the probate?

Does the son of a deceased sister have any right in ancestral property?

I have done an agreement for agricultural land 2 months ago and paid 20 lacs. That is ancestral property and the owner is 62 years old, now he has 3 sisters of which 2 are dead. Does the son of a deceased sister have any right in ancestral property? So now do we need the signature of the dead sisters’ children will they have any rights? 

The owner of land is ready to sell and there is no dispute towards the possession. Furthermore, the sons of the deceased sister are not living with the owner and they have never claimed any rights in the property. The owner’s age is 62 but he is a sound mind. He wants some money to meet his medical expenses therefore he has decided to sell his land. The owner has no child and is currently living with his elder brother. 

Can I purchase this land without the signature of deceased sister’s son? This is an ancestral property and the owner is farming on this land without any dispute. villagers are saying that the owner has peaceful possession of the property and her sisters have never claimed any rights in the property.