Need urgent advice


Dear All,

One of my uncle is in very poor condition..In the mean time, one of the business man has taken series of signature by the name of lease of his one of the valuable property for 30 years..The businessman has convinced that, he is going to set one petrol pump and he will give job to my poor uncle...Todfay I came to knwo that, business man has not pass the copy of any signed document and all he is keeping in his hand...Businessman has convinced him to pay 3000 rupee per acre per month as rental basis..

Now even uncle don't know where he has signed and what will be the fate of his property...We are trying to request for a set of signed copy, but seems to be he is not in a position to share all the documents to us..

Now can you please advice on below points,

- Suppose the aggrement is correct, then signing for 30 years lease is safe for our property? Is any law that may effect on the long term landed property agreed for lease?

- In case he will hide and not share all the documents to us, then can we go to court and any option is left for us to fight back for our property?

- Finally what will be the right on the leased property by the businessman?

Please advice on this. Thank you in advance.

 
Reply   
 
Retired employee.

The query can not be replied with inadequate details.  Who is the lessee and what are the documents that state about lease and it's registration.  A lease must be in writing and registered.  If it is leased to a petrol bunk, ask your uncle to get all the details of such lease documents through certified copies, and then contact a local advocate for cancellation of such lease deed if any stating the grounds of undue influence, coercion etc.,

The dealer on leased property is a lessee and as per dealership agreement terms and conditions he can never claim possession and can become owner.

The lessee is having possession with that of lessor.

The lease is a vicious circle and all those appearing outside may not be true.  Because of the lease, the lease rent to real land lord is less, and because the lease was taken through dealer, he gets more commission than directly company leased properties.  As the lease rent has to be recovered from dealer, it is always shown very less on paper, and sometimes shocking is that real land lord can not get even municipal taxes imposed in future as the lease is for twenty years with an option for further lease for 20 years of lessee.

 
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Advocate

Who is in possession/occupation of the property?

 
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Many thanks for your reply...

My main queries is listed as below,

1) Is it safe to give the property to them for 30 years? What will be the legal issues can expect when I ask them the land after 30 years?

2) What kind of agreement will be both have to enter into? Can any one help me with a sample agreement if any?

3) What are the points that we shall focus to include in the agreement, so that, we will have proper right to get the upper hand after 30 years?

4) They are also saying that, once I hand over the land, they will be investing a huge amount for setting petrol pump. If that is the case, will there be a possibility for them to ask that that " we have invested so much and we wated to continue the fuel station" even after 30 years?

5. What will be the struation after 30 years, because that time mainly our successor only be there, so what precautions to inluce in the agreement so that it will be safe for future?

6. Agreement at court is enough or need to do Tahsil or some other places?

7. Whats are the main act apply for this lease of the property?

Please advice on this. Than you in advance..

 

 
Reply   
 
Retired employee.

Once you have offered to give the property, you have to act as per laid down norms by lessee PSU, nothing is in your hand.  The thirty year period is initial and they are having a clause for option renewal.  It appears that you are not having basic idea of such lease and you are asking questions on behalf of your uncle to the members, whereas you have to get such clarifications from lessee.  Ask your uncle to contact a local advocate, you can not fight with such a mighty PSU and they have strong team of Advocates to look after their interest whether ethical or unethical and Public utilities protection gives them edge on all litigations.  It is not as easy as you think to deal with such persons.


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Reply   
 

Dear Prasad Sir, 

Many thanks for your kind suggestions and its quite help for us. Now from preliminary review, the business man has taken series of signature, all papers he is holding and its difficult to track all those papers now... Seems to be our advocate also liitle biased to the businessman..We are investigating more to track the real situation...

In the mean time can you please on our below query?

- This property is a joint property and the businessman has taken sign from all possible share holders...Their division was bverbally and not yet documented and original PATTA is in forefather's name...Now there is little difference in opinions is coming in between the share holders..Now the actual land mark is belongs to one uncle, but other share holders are clamiming some portion from this land..and seems to be other share holders are going to court for improper division of the property and planning to move to higher court..In such case what will be the situation of the lease??

 

- They have signed all documents before 1 year..Is there any provision that, all shareholder will file in a higher court that, "we as land owner are illitrate and uneducated...during signing all documents we are unaware about the Lease and the middle man has played trick and without our propoer understanding (as we are illitrate), businesman han taken the advantage and now we want to modify the clause in the lease dead..

 

Please suggest on this..Many thanks in advance.. 

 
Reply   
 
Retired employee.

Once there is a lease in the name of PSU for public utility use, it is the most difficult proposition to enter into litigation as PSUs search for such litigation property and encourage dealer.  PSUs are most unscrupulous and arrogant with their money, power, the machinery of legal experts.  Your problem is so serious and it should be handled by professionals and do not depend on an open forum, and establish contact with the professional advocate if you are really serious to solve the issue.  There is a lot of difference between your first post and last post.  Without studying the documented facts, no professional dare to offer any advice.

 


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Reply   
 

Dear All,

Many thanks for your valiable inputs. Actually we have checked and the businessman has drafted very cuningly in his favaour. This propoerty is a joint property and just mutually devided and during lease, all the successors have signed on it. But now the portion under us is not properly devided and we are going to apply for partition shot and the portion of land is about to lease may go to other share holder and the land will be disputed..Other way that we will appeal in high court mentioing that, we did not understood all clause in the lease aggrement and we want to cancel it..Is it possible? Please suggest..

 

Thank you in advance.. 

 
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