How 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?
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.
- 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.
Get Started >>
Answers by Our Lawyers
- What is the procedure to get the birth certificate
- Can I take divorce on the grounds of living seperately
- Girl blackmailing about my nude pics what can i do to stop her
- How can i get married to a girl whose earlier marriage is registered
- Easements rights blocked by neighbor how can I execute court order