build shops on some portion of land. who will get the rent?
8 months ago
We have joint ancestor undivided property. some shops were built by my grandfather and rent was taking by my one uncle and sons of second uncle. we mutually discuss and that time my uncles told to my parents, build shops from your cost, we will not give you any shops. that time our financial condition was not good so we wait almost 25-30 years and 3 years back we build the shops on some portion of land ( for this we took loan and we made all payment to contractor through online). Total land area as per document is around 29000 sq. ft and we build shops only on 500 sq. fts. now as our shops are new we are getting hire rent compare to my uncles. my uncles are giving thread to my father and mother and asking to vacant the shops. I have few questions.
1. what will happened if file the case? who will get the rent of my shops. we don't want rent from their shops but as we paying the loan emi and other expenses. we want rent and possession of our build shops.
2. we only build constructions in very limited area of land.
3. will I get some amount from both the uncles as they are taking rent of shops that actually build by my grandfather. and with that rent they improve their business and social status. which we were not able to achieve.
4. one of my uncle also change his "Dharam" from hindu to Christian and he never take care of his father and mother. in fact he and his wife left the state and they go to other state. but his two sons was with us and they were taking the rent and also grow their business. now their income is huge around 3lakh per month, they are very strong financial and socially as well.
An undivided/unpartitioned ancestral property and even in the absence of any registered family settlement agreement makes the matter more complicated and unviable. All coparceners of the ancestral property use the property at their whims and choice without fixing their individual share in the property and making it a ground of dispute between the coparceners/legal heirs. So, there is no other way left to resolve the dispute without litigation before the Civil Court. having jurisdiction over the property. Anyone or all coparceners jointly can file the civil suit claiming their individual share in the property to resolve the neverending dispute. Reach out to an Advocate for further guidance and steps.
1. What will happen if you file a case? Who will get the rent of your shops?
If you file a case seeking possession of the shops you have built on the joint ancestral property, the court will assess the evidence, including the mutual discussions and agreements between you and your uncles, as well as the financial contributions made by both parties. The court will consider the legal principles of joint ancestral property, partition, and specific performance, among others, to determine the rightful ownership and possession of the shops.
If the court finds in your favor and grants you possession of the shops, you would be entitled to the rent generated from those shops. However, the final decision will depend on various factors, including specific facts of the case, legal arguments, and evidence presented during the proceedings.
2. You only built constructions in a very limited area of land.
If you have only built shops on a limited area of land, the court may consider this fact during the proceedings. The court will likely examine the rights and entitlements of all parties involved, the ownership of the land, and the overall equitable distribution of the property.
3. Will you get some amount from both uncles as they are taking rent from shops that were actually built by your grandfather?
In property disputes, the court may consider the contributions made by all parties involved and the extent of their entitlement to the property. If the court finds that the rent generated from the shops belongs to both parties due to the joint ancestral nature of the property, it may order a distribution of the rent proceeds.
4. Regarding your uncle's change in "Dharam" (religion) and other personal circumstances, these factors may not have a direct impact on the property dispute. The court is primarily concerned with legal rights and entitlements based on established legal principles and evidence presented before it.
Thank you.
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