Tenant for 40+ yr. Started by grandfather.What right do we have in it?
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?
Answer
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.
The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.
Popular Property Lawyers
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
- how to get building completetion & occupancy certificate
- Can a Gift Deed be challenged in India? - Property Gift Deed Rules
- Sons and Daughters Rights in Father's Property
- Illegal Possession of Immovable Property/Land
- Joint Ownership of Property
- Family Property Dispute Legal Solution
- Transfer of Property to Legal Heir after Death
- How to Resolve Land Dispute
- How to sell property in pagdi system
"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
4.3 | 37 ratings 
4.6 | 182 ratings
4.8 | 73 ratings
4.7 | 291 ratings
4.8 | 193 ratings
4.9 | 94 ratings
4.8 | 421 ratings
4.8 | 541 ratings
4.7 | 108 ratings
4.6 | 197 ratings
4.8 | 71 ratings 
Sir mery jamin agriculture h and abhi tak mere grandfather ke name h,so kya us jamin ko mera uncle sell kar sakta h,if karta h to us pe kya action le …
Hello I want to know the procedure for transferring house right from my late grandfather to my father. Our house is ancestral and is in name of my lat…
My grandfather has 3 brother's and all of them including my grandfather has a property on their name in 1947. But after sometime (1963) my grandfa…
Sir,my father has 4 brother he is in tension because my grandfather has written his land property to one my father brother son means (grandson) withou…