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Anonymous
in Property Law
Asked September 09, 2017

Sale of ancestral property occupies by tenants

  • 1 Answer
  • 475 Views

ancestral property at TANDUR, ANDHRA PRADESH of my late father. we are seven legal heirs of that ancestral property including mother. Two Tenants are residing since 30-40 years since there fathers (now, no more) was doing business and were not paying tenant amount as per market trending tenant amount but very, very meager without any justice and consciousness, in our 2 commercial shops and now one of the tenant (father's son) is not at all paying any amount of tenant since ONE YEAR though asked to VACATE, but not VACATING our commercial place, even after warning and other Tenant is also paying but irregularly. Please advice what to do and how to vacate ONE TENANT legally directly or indirectly. We are paying CORPORATION TAX since 3 years after father got expired in Mumbai. Family Members i.e. legal heirs are not co-operating to sell the ancestral property at TANDUR, ANDHRA PRADESH, TELANGANA DISTRICT of slightly more than ONE GROUND at MARWADI STREET, TANDUR. ORIGINAL ANCESTRAL PROPERTY original legal papers are with one of my younger brother is at Mumbai Dahisar and he is not at all giving / sharing its xerox copies of ancestral property (so as to transfer ANCESTRAL PROPERTY on my Mother's Name to other legal heirs) so as to take steps for selling the same. Undue Advantage is taken by third party i.e. Tenants to encroach the ancestral property due to NO ONENESS AND UNITY AMONG LEGAL HEIRS as one of my youngest brother who resides at DAHISAR, MUMBAI is not at all co-operating / sharing the xerox of the originals of ANCESTRAL PROPERTY to other legal heirs. please advice me,Sir,what to do How to Solve and Sell the ancestral property and for which how to extract xerox / originals of ancestral property from my youngest brother who resides at DAHISAR, MUMBAI. Kindly advice to my Gmail: rnkswamy1786@gmail.com or Gmail: rnkswamy10@gmail.com or to my Whatsapp 07338986021 / 031.

Answer 1

There are two sides of this issue. First, it deals with your coparceners, or, in simpler terms, co-legal heirs. Second, it deals with your tenant. Since you have not mentioned your religion, I would proceed with my assumption that you are a Hindu. As per the Hindu Succession Act, 2005, children and wife of the deceased person are part of Class-I heirs to the property of the deceased. This means that, in the absence of a will, all the legal heirs in Class-I have equal share in the inherited property. Therefore, as a legal heir, you have equal right to possess the legal papers to the property and your brother cannot retain the papers with him. You can approach the Municipal body of Tandur for Mutation of the property title in the name of all the legal heirs (7 heirs, in your case). For this to be done, you will have to prove that there was no will left behind by your father, and secondly, that you are the son of the deceased owner of the property. Once you can successfully prove this, the property would be transferred in favour of all the heirs and you will hold a legal title to the property.

Second, in case of the tenants, there is a problem with inheriting a property. When a person inherits a property, he/ she has to inherit it with all the encumbrances attached to it. Hence, even though you will be inheriting the property, you will have to consider that the tenants have been occupying the place for more that 3-4 decades, which has given them some rights over the property. If you are planning to sell the property, the tenants will have to be given the first opportunity to buy the property. However, regarding the issue of non-payment of rents and for calculation of a reasonable rent you can approach the tribunal under the Andhra Pradesh (Telangana Area) Tenancy & Agricultural Lands Act,1950.

Source:  Hindu Succession Act, 2005  Andhra Pradesh (Telangana Area) Tenancy & Agricultural Lands Act,1950  http://www.latestlaws.in/bare-acts/state- acts-rules/punjab- state-laws/andhra- pradesh- state-laws/andhra- pradesh-telangana- area-tenancy- agricultural-lands- act1950/  http://www.livemint.com/Money/57stHYz0srQrzTOrujoOfM/3-steps- to-take- when- you-inherit- a-property.html

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