Apni Law Staff asked 1 year ago
My father is facing a legal issue regarding a shop that belonged to our grandfather. The tenant, instead of returning it to my father, handed it over to his grandson, who then gave it to my aunt. My uncle, who was managing the shop and receiving rent, unfortunately passed away over a decade ago. He left a will naming my father as the beneficiary, which is being verified in court. My aunt has been attempting to take physical possession of the shop illegally, forging receipts and illegally installing utilities. The shop is currently closed and under a court order. Can a tenant legally transfer the shop directly to his grandson? Also, can my aunt, who is financially independent and receives a government pension, interfere with this property? Her son is involved in these matters, potentially aiming to acquire the shop.
Best Answer
Apni Law Staff answered 1 year ago
In India, a tenant cannot legally transfer a shop directly to their grandson without the landlord’s consent. Your aunt, even though financially independent, cannot interfere with the property as it’s subject to a court order and the ownership is contested. The court will ultimately decide the rightful owner based on the will and other relevant evidence.
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