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Flat Rented without other sussessior permission. Flat Rented without other sussessior permission.

1 year ago

Sir, we have flat which is purchased by my mother & father . My mother & father died few years back but flat is still on their name . we are three ( 2 Sons + 1 Daughter ) survival of them . 1 son died last year . His wife break lock of the flat & rented it without other's permission . She is staying in another property of my Mother father . She has filled court case @ other son for succession certificate . What action i can take . She is not ready for distribution of property mutually .

Anik

Responded 1 year ago

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A.Dear Client,
for transfer of movable property that is on your deceased parents name, you need succession certificate . you can file for the partition suit in the competent court.
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Advocate Sinjari Bandyopadhyaya

Responded 1 year ago

A.Succession certificate is necessary for distribution of movable assets of the deceased persons. For the immovable properties of your deceased parents, it is necessary on your part to have Legal Heir Declaration to substitute names in the Record of Rights in the place and stead of your deceased parents and thereafter to file Partition Suit before the competent Court of Law for Declaration of property share, injunction & status quo and partition. It is also necessary to notify that tenant either to vacate the premises or to make fresh Tenancy Agreement with all the legal heirs and heiresses of your deceased parents after revoking the present Tenancy Agreement.
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