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?

Answer


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. 
 


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Property Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience
Advocate Shikhar Khare
Jangpura Extension, Delhi
6 years Experience

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 contact a Lawyer of your choice to address your query in detail.


Related Articles


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Legal Services

Legal Notice for Delay in Construction

4.4 | 24 ratings
30 Min Intro call + Start to finish help
15 Minutes Property Advice Session by Phone

4.8 | 541 ratings
Ask questions and get advice from a local experienced advocate on your Property Matter
Document Review - Agreement to Sell

4.7 | 108 ratings
Review + 30 Min phone call - Agreement to Sell review by a local experienced advocate
Draft a Sale Deed / Property Purchase Agreement

4.6 | 197 ratings
30 Min Intro call + Start to finish help - Sale Deed / Property Purchase Agreement drafted by a local experienced advocate
Document Review - Gift Deed

4.3 | 37 ratings
Review + 30 Min phone call - Gift Deed review by a local experienced advocate
Draft a Gift Deed

4.6 | 182 ratings
30 Min Intro call + Start to finish help - Gift Deed drafted by a local experienced advocate
Document Review - Sale Deed

4.8 | 73 ratings
Review + 30 Min phone call - Sale Deed review by a local experienced advocate
Property Registration

4.7 | 291 ratings
Get your property registered through an experienced local advocate
Title Opinion Report

4.8 | 193 ratings
Get a detailed Title Opinion Report by expert real estate lawyers in your city
Draft an Agreement to Sell

4.9 | 94 ratings
30 Min Intro call + Start to finish help - Agreement to sell drafted by a local experienced advocate
Property Verification / Due Diligence

4.8 | 421 ratings
Property Verification, Title Search and due diligence conducted by a local experienced advocate
Legal Heir / Succession Certificate

4.8 | 71 ratings
Apply for a Legal Heir / Succession Certificate through a local experienced advocate
Similar questions

Sir iam Afreen married muslim . my father mother expired in 2008 my father had some property my brother's saying father written a will tat only my…

Read More

Hi sir, This is regarding a property among two brothers of which one portion of the property is under status quo order by court . recently some of the…

Read More

a land is in the name of my uncle (brother of my father) and my father is younger as per section 22 of hindu I have right in their property.…

Read More

Dear sir/madam my parents expired with out a will. Now my brother is not accepting for distribution of assets. He is troubling me in all ways. As he i…

Read More

Talk to a lawyer for your legal issue