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.

 


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 Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
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

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

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 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
Legal Heir / Succession Certificate

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

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 …

Read More

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…

Read More

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…

Read More

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…

Read More

Talk to a lawyer for your legal issue