What to do ??
Anonymous
(Querist) 13 October 2015
This query is : Resolved
In 1964 my grandfather A was given a license to enjoy a rent-less stay in his house by his elder brother B. This was just a verbal agreement that whenever ‘B’ or his successor’s needs the said portion it will be vacated and handed over to B’s family.
In the year 1973 A passed away. Meanwhile in the year 1979, the local municipal authority mistakenly put the house tax of the said portion against the name of A’s wife AW (my grandmother). This was corrected after the series of written objections by B, from the year 1979 till 1989. In 1989 the house tax of the entire property was restored back in the name of A. In the year 1993 AW passed away, after which A’s son AS and his family kept enjoying their stay in the said portion.
AS and B, both passed away in the year 2010. House tax of the entire house was transferred against B’s wife BW. In the year 2011 govt of Uttarakhand introduced a free-hold policy to get the property freehold. BW applied for the same, which was objected by me in Jan/2012.
Later in 2013, while searching the old papers and bills we came across a document “Zubani Khandani Batware ka Yaddasht-nama”. This document is dated 03/11/1977 and says that A and B came into a verbal settlement in 1964 that the portion of house each one is residing in belongs to them, and the doc was needed now so as that no conflict arises in future. The document is signed by my grandmother AW and B. This doc is neither notorised nor registered, just on a simple plain legal sized paper. This doc has 2 witnesses, no. 1 is the eldest brother of A & B, and no. 2 is my maternal uncle. Witness no. 1 died in the year 2012, witness no. 2 is still alive and I have taken an affidavit from him saying that the above document was made in front of him and he remembers to sign it. This affidavit is notarized in Delhi.
Now B’s wife has served upon us a notice stating that the license to stay in house is revoked and we must vacate the house. She has also moved to court making my mother as defendant.
What should we do? How much is the document dated 03/11/1977 important? Does it hold any good as it is unregistered? I feel BW made a will in favour of his wife, but the will is also unregistered.
R.K Nanda
(Expert) 13 October 2015
no reply 2aq.
P. Venu
(Expert) 14 October 2015
Please disclose your identity.
Anonymous
(Querist) 16 October 2015
I regret putting my name as anonymous. Myself Ritesh Manocha, now not being able to change the name.
Kindly help.
T. Kalaiselvan, Advocate
(Expert) 17 October 2015
If you rely on an unregistered document dating back to 1977, can BW not rely on a valid will though unregistered?, since the matter is in court, you may project your claim on the basis of the documents you rely upon though the chances are very bleak however, you must express willingness to pay the stamp duty to that 1977 document to make it valid before the court. This may sometimes help you to succeed in your case.
Anonymous
(Querist) 17 October 2015
Dear Mr Nanda, Mr Goyal and Venu Sir, I need your expert advice and comments in this regard.
P. Venu
(Expert) 17 October 2015
The information furnished is inconsistent, for instance "I feel BW made a will in favour of his wife".
Any how, only defence for you is long and peaceful possession. The document of 1977 is of no evidential value.
Anonymous
(Querist) 17 October 2015
Can I make a claim that my grandfather A and his brother B, had a joint business and were a joint family. My lawyer here asking me to help him establish that A & B were together in their business and property. How can I do that??
They did had a couple of properties in their joint names. One of them was sold out, and the other one was in three names of A, B & C.
A, B & C came into a settlement and divided the property among themselves. B's portion along with A's portion was granted freehold in my father's name, only after the written consent of A.
Anonymous
(Querist) 19 October 2015
P. Venu Sir, how to defend "Long and peaceful possession" and how to counter their claim of us being the licencee.
P. Venu
(Expert) 19 October 2015
Were you paying any licence fee?
Anonymous
(Querist) 19 October 2015
No, not at all. Rather we did paid the half house tax for a few years, even when the tax was against B's name. We have our own electricity, water and telephone connection since beginning.
Guest
(Expert) 19 October 2015
Verbal license for free accommodation cannot be deemed to be a perpetual license for living for all generations in future also. Legally, you don't have any right to live without the owner's willingness through a formal agreement.
Only mutual settlement can be the remedy, not a court case to waste time and money.
Anonymous
(Querist) 20 October 2015
Respected Dhingra Sir, the LR's of the other party are not ready for any mutual settlement though I am politically and socially much connected then they are.
Kindly suggest, a way for me to prove Adverse possession.
Anonymous
(Querist) 03 November 2015
Dear sirs,
Any further guidance??
