quesHow can we take back possession of our shop from our uncle

My dad's shop is in Delhi and he expired in 2007. Dad's brother has taken over that shop and is not returning the shop to us.

There is no paper and no documentation. Father took some money from his brother and now he says my dad owed him some money and will not return the shop now. Official receipts of rent of the shop are paid in my brother's name.

How can we get the possession back?

  • ans

    Your query is silent on  whose name the rent agreement is executed, because based on facts provided by you reflects that rent agreement was executed in your brother' s name since he is receiving rent receipts on his name.

    Further, it is a rented property and you cannot claim possession on the same because there are judgements wherein court has observed that tenancy is not a heritable rights.

    However, if your father died without a Will and the business in the shop was of your father, then you can definitely file a suit thereby seeking your share in the revenue of the business and seek partition. 

  • Send a legal notice to builder for delay in construction @ Rs. 1999/- only

    Know More
  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Property lawyers in India

Similar questions

sir,my mother has purchased a 10 dismil plot in year 2003 ramgarh district jharkhand .now…
My grandfather made a will in favour of his mental retarded son under the supervision…
Family Background: My Grandfather had 4 sons and 7 daughters. As of now 3 sons…

What legal method can I adopt to take back a self made flat in Agra…

Property Lawyers in India

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years

Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 24 years

Advocate Prabhjit Jauhar

  Connaught Place
 Experience: 20 years

Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 14 years

View all >>

Quick Consult

Get 15 Minutes of Expert Legal Advice on Phone right now

Ask a Free Question

Post a Question online and get free advice from multiple lawyers by email

Find a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly