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Rental share in undivided property of father
21-Nov-2023 (In Civil Law)
Dear Sir, My mother and father jointly owns a commercial property, both sharing 50% of the rent. Now my father passed away with out any will so myself, my brother, married sister and mother will inherit the 1/4th share of my fathers 50% share. We requested my sister to relinquish her share and we'll compensate her with some amount, but she is not ready for that. Can you please answer following queries in this case. 1. Can she directly demand the tenant for her share in rent even though we did not make the partition mutually or from court 2. If she go to court for partition, will the tenant have to deposit the rent in court till the final deal is done.. 3. If tenant have to deposit rent in court, will it be 50% of my fathers share in rent or full rent including my mothers share (mother is still alive) Thanks
Since your father not executed any will, your mother will be first legal heir for your father share. She can share the rent among you. Now your sister can not claim her share of property or rent directly.
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Adv. Sanjeevi Krishna Rao
Visakhapatnam | 200+ Answers
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she can directly demand the tenant for her share in rent only once she is declared as legal heir, 2. yes, if a interim application is made for deposit of rent in the court., 2. it again depends on the application before the court for deposit of 50% rents or Full rent
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Adv. Neeraj N
Hyderabad | 100+ Answers
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your mother can take her 50% of the rent as she is the absolute owner of the property and for the remaining 50% of the share the rent to be divided equally among all others you can file suit and appoint a receiver under order 40 for receiving the rent in proportionate ratio
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Adv. Innamuri Balasubramanyam
Rajahmundry | 500+ Answers
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