Differance between tenant and licensee
sanj maheswari
(Querist) 10 April 2013
This query is : Resolved
is tenant and licensee is the same/.
prabhakar singh
(Expert) 10 April 2013
No! but why is the question without facts?
sanj maheswari
(Querist) 10 April 2013
Res. Sir,
Thanks for Your reply.
We purchased a residential property 30 years back through POA.Staying there as owner since from that time.Paying muncipal tax in our name.few years back we lost the Registry with the power of Attorney.We took out certified copy of the Registry from the Registrar,but could not get Copy of the Power of seller,as Registrar use to check the power and get documents Registered.
Seller family,uncle stays near to us at seller joint family property,whereas seller stay at T.N and they came to know through their relative that,we lost the Power copy .They started finding buyer-bu mafias for our property ,so we filled Title deed case in court 5 years back.In court,they mentioned that they never executed sell deed and we are staying in the property as Licensee and now they are revoking the license to stay .They are using the word- oral leave and license.
Can We file writ in High court that ,if any one lost Power of the seller ,of the property purchased more than 30 year back and lost the Power at 25th year after its purchase and staying in the property still without any dispute,paying its all dues in my name,can seller refuse the Registry done?Can he say that our possession is due to licensee?
Seller is having joint property near our house and is in name of his late father.They were paying property tax of that property since from 30 years,their real uncle stay there .
Please give Your valuable advicce and support us.
Thanks
Regards,
ajay sethi
(Expert) 10 April 2013
no writ can be filed . you need the documents to show that property has been sold to you through POA .
sanj maheswari
(Querist) 10 April 2013
Res. Sir,
As I wrote,I am not having copy of Power of Attorney and it was so old nor seller will give any detials or copy of it.
can a person can say that he is not looking to the property from last 25 years adn how that came into our name in Muncipal Records and still we are paying the Govt. dues without any issue.
Registrar checked the Power of attorney,then only he got registration complete.
do seller dont have to prove,how are in possession of the property from last 30 years.His statement that he gave the property by oral license to leave ,is sufficient.He dont have his own origianal Title deed,that too,he gave us ,at time of Registration.
please suggest
prabhakar singh
(Expert) 10 April 2013
The first thing is that it was a wrong you to purchase property by a POA without any sale deed.
Was POA not registered?
Why can there not be a copy of a registered POA?
Now let you understand that by a sale deed owner passes his title as well as possession;
While by a lease or tenancy agreement
owner retains his title but demises his possession with right to re enter;
And in case of leave and licence neither of
these two are passed but only right to use
is provided by permission.
No writ would lie.
You need to prove your case.
prabhakar singh
(Expert) 10 April 2013
Then you should take up the case that your possession have been as owner over a period of thirty years continuously without break in the full knowledge of the plaintiff.
Deny the case of licence.
sanj maheswari
(Querist) 10 April 2013
I dont think,P0wer was registered,as in 1976-77,there was no such issue of fraud etc.
We got seller own original title deed,that he gave us in time of Registration.So he dont have possession,his own title deed-original
In leave and licence case,as You said only right to use is provided,but whether that can for so many years,more than 30 years now.We are paying muncipal tax in our name ,since from that time.He must have checked,that ,who is paying his liabiality in govt dept.He himself having another property,near by our house in his late father name along with his uncle names and his uncle stay there till now and they are paying all the dues of that property.
please suggest any option.
sanj maheswari
(Querist) 10 April 2013
Sir,
Thaing is,we only filled Title deed case in court after 28 years of purchase of the property.
We denied Licensee and submitted lot of documents,other than Power copy.We submitted their own Registry of Year 1970 and our registries of 1977 and other lot of public records.
sanj maheswari
(Querist) 10 April 2013
they are saying,that they came to know,about our Registries only when we filled T.deed case.They still thinking,we are leaving in the property as licensee.
prabhakar singh
(Expert) 10 April 2013
NOW YOUR GENIUS HAS TAKEN YOUR CASE BEYOND MY COMPREHENSION.
SEE SOMEONE ELSE WHO CAN DO SOME INDUSTRY WITH YOU?
sanj maheswari
(Querist) 10 April 2013
Res. Sir,
Is it possible,that anyone dont come to know,status about his property ,leaving in india,and thier other family members stay near to our house ,that how we are in possession of the property from 28 years,who is paying its dues.There were lot of our tenenats in the said building and all are paying rent as owner of the property.
If we lost the power,that means,we lost everything?
please suggest.
Thanks,
sanj maheswari
(Querist) 10 April 2013
please support me.
We will be highly obliged.
Thanks
Regards
Devajyoti Barman
(Expert) 10 April 2013
iF YOU HAVE TITLE DEeD THEN WH ARE YOU SO BOTHERED?
Raj Kumar Makkad
(Expert) 10 April 2013
Nothing to add more in the given replies as it seems mere a futile excercise without having any grouse.
sanj maheswari
(Querist) 11 April 2013
Res.sir,
We have title deed,but,that is also the fact that we only filled Title deed case in court after 28 years of its purchase-Registry.Even,we had seller own title deed.
If we will withdraw from the case,that we filled,what will be the effect.
I am seeking Your help,as I didnt got proper advice and we filled the wrong case.
Please support us.
We gave advertisement in newspaper about lost of Registry etc ,before 8 years.Will that will work to confirm,that We are not having copy of power of the seller?
Devajyoti Barman
(Expert) 12 April 2013
Why are you willing to withdraw the case?
sanj maheswari
(Querist) 12 April 2013
Then what to do? we filled Title deed case,and now we have to prove that we Registration done in our favour in yr.1977 and by seller POA and we at present not having Seller POA copy.Seller simple wrote that he use to stay in T.N from 1977 and gave us property in oral leave and licensee way?How and what course we must take?
Please suggest.
Thanks,
Regards,
Chanchal Nag Chowdhury
(Expert) 13 April 2013
U may claim title by Adverse Possession for which U have to file a suit.
prabhakar singh
(Expert) 13 April 2013
Adverse Possession is a plea of defence.
sanj maheswari
(Querist) 14 April 2013
If we will file for adverse Possession,do we dont make our own title deed fake and accept their pleading that we are in possession not by purchase by Registered Purchase deed?
kindly confirm.
Thanks,,
Raj Kumar Makkad
(Expert) 14 April 2013
You should not initiate negative steps especially when the matter is before the courts.
sanj maheswari
(Querist) 16 April 2013
what course could be taken in court and in practical now?
Devajyoti Barman
(Expert) 17 April 2013
You can not file suit for declaration of adverse possession.
sanj maheswari
(Querist) 17 April 2013
Thanks ,but how to make the case strong and make sure in court that truth always win?
please suggest,as we are trapped now.
Thanks,
Regards,
