If lease document is not clear (explanatory) ?
Ramesh
(Querist) 11 February 2012
This query is : Resolved
Dear Sirs,
In an old Lease document of the year 1320 Fasli (ie year 1910)a portion of land was given on permanent lease to one person;In which, the extent of land is not written(as was practiced in those days) but topography of the land was explained in native language, which is part of the Maktha.This ambiguity had become real problem and case is going in different courts for the last 30 years.
My request to THE EXPERTS is, how to over come with this problem, is there any rulings from the APEX court in this context.This pertains to the state of A. P.
Please guide me in finding the solution.
Thanking you All.
V R SHROFF
(Expert) 11 February 2012
you are interested in ??
Over and above unless we read details of Lease, cannot guide.
those days it is usually for 99 years, so wait for 9 more years to get it back, if u r owner.
Ramesh
(Querist) 11 February 2012
Respected Sir,
I am the Grand-son of the person who gave this land on Lease. But, i did not understood your reply,please!
Any other Expert, would kindly GUIDE me,please.
Deepak Nair
(Expert) 11 February 2012
What Mr.Shroff told is that unless the document is seen, no comment can be passed. It is necessary to know the contents of the document.
Further, at those times, it was a common practice to give land on lease for 99 years. so it was asked by Mr.Shroff that whether this agreement is anything like that. If yes, to wait for the said 99 years to get over.
Deepak Nair
(Expert) 11 February 2012
Dear Shroff Sir,
If the deed was for 99 years, then it expired in 2009 (1910 to 2009 = 99 years)
But I think the case is something different.
Ramesh
(Querist) 11 February 2012
Dear Experts,
I am sorry i forgot to say,the Lease land is Agricultural land.And as you rightly understood, the deed is for 99 years(It is written as " aa chandrarkram" !. in native Telugu language.)
My question to is, if the extent is not mentioned in the document; is there any solution/ruling from the Court(s) to fight for the rights. In this particular case the tenants are claiming TOTAL LAND as leased to them.Many times managing in different forums. ( In Revenue,and judiciary. some times we won some times they managed, by taking different meaning to the Lease Document, as it did not given the extent of land leased.)
Thanking you ALL,once again.
Sankaranarayanan
(Expert) 11 February 2012
You better to approach local lawyer then they given idea regarding
Deepak Nair
(Expert) 13 February 2012
Dear Ramesh,
It is difficult to comment on the samwe without viewing the document.
You said that you won some cases in revenue department and judiciary. That means you are in course of fighting for your right. Your lawyer will do the needful for you. If you are not satisfied with your current lawyer, it is better to get the services of another lawyer.
