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. 

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