My Mother gave a house in Mumbai to family friend on Gratuitous basis in 1982, nothing was in writing. We had been telling them to give us back our house, however on one pretext or other they went on avoiding, my mother died in 2011, In 2014 I filed a LE suit for possession of my property. The defendants in reply to my notice said that they have purchased the house from my mother & they said that who are you we do not even know you. In reply to my suit the defendants have again claimed that they have purchased the house in 1982, additionally they have asked for tenancy rights also on the basis of payment of N.A. Tax made by them. The land records show the house in my mothers name, the property tax bill is in my mothers name which I have been paying through cheque, there is no sale deed.
My Questions (1) They may produce some forged payment receipts of my mother. Can they claim the purchase of the house on the basis of those receipts.? There is no sale deed. (2) Can they ask for ownership rights & tenancy rights in the same suit ? (3) Can they demand tenancy rights just on the basis of payment of Non-Agricultural Tax ? No rent was paid to my mother. (4) Do I have to prove that they were gratuitous tenants ? (5) The matter is for ISSUES, can the Hon. Judge frame issues of their ownership and tenancy both ? (6) How much time does it take to decide a matter in small causes court Mumbai ?
