We have a joint property (house) in North Kolkata in the name of my grandmother. My grandmother, expired long ago, had seven children (sons). Three of them died without any issue (heir) as they were lifetime bachelors. Out of the rest four, who married and has children, only one is still living. As of now there are the following legal successors to my grandmother for the said property (house):

1) Three daughters and a son born to an uncle, say uncle ‘U1’. U1 was elder to my father;

2) A son born to another uncle, say uncle ‘U2’. U2 was also elder to my father;

3) Myself (my father expired long ago and he was survived by only one daughter who is writing this letter);

4) My yet another uncle, say uncle ‘U3’. U3 is younger to my father and still alive.

The problem is the son of uncle U1 had given, few years back, the portion of the house he used to stay to a neighbour for use. The terms and conditions underlying this lent or rent, whatever it is, is completely unknown to rest of the heirs. Possibly there had been some cash transfer. The person who lent the portion (son of uncle U1) left the place thereafter and settled down in Madhya Pradesh. Unfortunately, he died few months back in an accident leaving a son (minor) and his wife. None of his family members know anything about this deal. It’s highly unlikely that his family members will ever return to this place.

However, the neighbour is neither willing to vacate the portion (which is a room) occupied by him nor disclose any associated document or paper which enables him to claim that portion. Not even he is allowing us to enter the room for cleaning or maintenance. He is showing us court. It’s known he never paid any rent for tenancy. The neighbour filled the room with sundry articles and put it under lock and key with the key with him.

I’ve few questions regarding this situation:

Firtly, can anyone, in spite of being a legal heir, sell or rent out any portion or whole of the property which is not in his name according to municipal or other records especially when there are other legal heirs and there hadn’t been any apportionment of the property till date?

Secondly, does the neighbour in question has any legally approved claim on the portion occupied, though possibly he had given some money initially? Is this a case of extortion?

Finally, I would ask you to advice me what to do now and subsequently in order to get the illegally occupied portion free.

Thanks in advance.