House property querry
Rajesh Tandon
(Querist) 15 May 2012
This query is : Resolved
1. I am in an army personnel with transferable job ,writing to you. I have a house consisting of two shops which were purchased by my mother on notary.The two shops were used as house by little bit of modifications .As the whole land on which constructions have occurred is actually a agricultural land ,the house is not registered, & most of the houses in the locality are on notary.
2. She used to run an unregistered preprimary school in the house till 1999. Subsequently, she fell ill,became bedridden and had to accompany me wherever I was transfered.
3. One Mrs A was appointed a sort of caretaker of the school in our absence. There was no formal agreement on this account declaring Mrs A as the caretakers. This was done in good faith as Mrs A was already working in our school as a teacher.
4. Gradually Mr A,her husband roped in and started assisting her in managing the accounts .Subsequently the no of students and income from the school increased.
5. Both of them were getting salary more than they deserved i.e. Rupees 90,000/- per year as they were managing the school smoothly and I did not have time to travel every now and then because of my tight schedule and ailing mother.
6. Even though the amount they gave was not fixed, they suggested in 2008 that they’ll give a fixed amount of Rs 1.2 lakh per yr, on quarterly basis and any amount beyond this will be equally divided between two of us.
7. I agreed to this as I thought that this will give me a fixed income and sharing extra money will act as an incentive for Mr and Mrs A.
8. Current status of the payment from school -Mr A has not paid even a single penny for last two quarters and doesn’t intend paying in future either as it appears.
9. I want to close the school and sell off the land. Mr A bullied that the school can not be closed till march 2013 as the fees of next 6 months is already taken. When asked for the payment he says no money is left as the no of students has gone down and he has made advance payment of teachers, including their own share, for two month summer vacation. Every one got his share except me, the owner.
10. Now he has suggested a buyer Mr B for our land who is quoting a price less than the prevailing rate of land in that area. Mr A even plans to continue running the school by paying a rental of Rs 5000/month to Mr B.
11. Getting into litigation may take a long time/ bring down the cost of my land.
12. I fear that antagonizing Mr A may get him into playing foul, as we have virtually no control over the school.
13. OUR WEEK POINTS.
a) The land is not registered, but is on notary.
b) It is on my mother’s name, who passed away 2 months back(I am the only child of my parents).
c) There is no paper work of any sort done with Mr & Mrs A, declaring their role as caretakers.
d) No written agreement on the fixed amount payment of 1.2 lakh & 50% sharing of money beyond the fixed amount.
e) He may put obstruction in selling our land to some one else as he will have to part with his share (other buyers want a clean deal i.e. area not occupied by school).He may come up with a false will of my mother, as some one suggested.
f) All the parents and teachers are known to Mr A and not us &can be influenced by him in case he wishes to play foul.
g) I fear that he may be buying time to play something foul ,if I let him finish the session till mar 2013.
Please suggest some remedy.
.
Shashikant V. Patil
(Expert) 16 May 2012
After your mother passed away, now you are the owner of land as a legal heir of your deceased mother. You need to take long leave and apply for registration of school in your mother's name. Then take out the charge of manangment of school from Mrs A and her husband, who seems to be traitors. If they verbally not obeying, then issue legal notice as they are working as a self styled workers without any authority and direction from you. Appoint good teacher who is trustworthy to run and mangage the school. You better hire some lawyer to sort out all legal and complexity of your property affairs and school manangement.
Shonee Kapoor
(Expert) 18 May 2012
Rightly explained. However, if there are more than one hiers, relinquishment from other heirs is also required.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
