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Tenant for 40+ yr. Started by grandfather.What right do we have in it?
16-Mar-2023 (In Property Law)
We are tenants in a shop for last 40+ years (My grandfather was the one who started this shop taking space on rent from a temple). My father's elder brother has been handling it for last 25-30 years. Now since this property isn't owned by any of my grandfather/ father/ father's elder brother, can we(me or my father) claim any right to it, given that my father's elder brother says its all his!
Our contention being that my uncle has enjoyed all the benefits of the property till date, can we ask for our rightful share?
Tenancy rights also descend upon the legal heirs just like other property rights. If you belong to the Hindu religion, the Hindu succession Act is applicable to decide the tenancy rights amongst legal heirs of original tenant, i.e., your grand father.
If your grand father has demised his legal heirs, his mother (if she survived), his wife (if she survived), his sons (your uncles and your father) and his daughters (your paternal aunts) have got equal tenancy rights.
Your father has got equal right as much as your elder uncle on the property as a tenant.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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