Need help for senior citizen
Manish
(Querist) 09 September 2014
This query is : Resolved
I am a 70 year aged man with diabetes and heart disease and so is my wife. We are staying in this house for last 60+ years.Till 2002 ,we were staying in the same place as a tenant however there was a written agreement done between me and the landlord( now dead), that we will be allocated equal amount of space as an owner once the building is reconstructed as well all the registry expensed will be borne by the landlord.
Building reconstruction was done and we were given the promised area, however as per the agreement , registry was not done on the pretext of bad financial condition of the landlord as he was not able to bear the registration expensed. We also did not gave much stress on it due to our so long relationship of 60 years with them.
Recently i got to know that the landlord son has taken loan against the area in our possession without our knowledge, I got to know through the notice which was affixed on our wall by the bank. Also , the landlord has files a case in DRT making me and bank as party ,claiming that loan has been taken with my consent and we are just a tenant.
Please advice what legal remedies i have as being a ages ill man of 70 years, i cannot fight and roam around lawyers and courts.
Any advice will be deeply appreciated.
Thanks & Regards
Devajyoti Barman
(Expert) 09 September 2014
You can take these defence in the DRT case.
Rajendra K Goyal
(Expert) 10 September 2014
You committed a mistake for not getting the same as registered in your name. The late land lord seem to be good but conditions does not remain the same for ever.
You should appear before the DRT and specify / mention all the conditions.
Manish
(Querist) 10 September 2014
Sir,The landlord want to bank take over property and get us kicked out from my house.The landlord buy other property with bank loan and a willful defaulter,Its my property as his father and me make a agreement, he will not help us in any case please advise how can i protect my self and family,how much my case strong on docs i have or please give me a way to help out.
ajay sethi
(Expert) 10 September 2014
you have to fight case in DRT on merits . your consent was not obtained for taking loan
Manish
(Querist) 10 September 2014
where i stand in this case with my docs,can you advice please.
Thanks & Regards
T. Kalaiselvan, Advocate
(Expert) 15 September 2014
You challenge the case in which you are impleaded as a party based on the merits in your side.
