Lease deed letigation issue
Sachin
(Querist) 20 September 2016
This query is : Resolved
Dear Experts,
I want your opinion for below case :-
In this case landlord is Pradhikaran (semi government organisation) had given land/plot on 99 years on lease deed agreement (as a tenant) for residential purpose only in 1988 to A (but lease deed not done, just formal agreement was prepared between Pradhikaran and A), but A was not willing to stay or construct the house of the said land, not even single time he visited to land or Pradhikarans office expect signing of the lease agreement with Pradhikaran. hence he suggested to B (his elder brother-the whole family was HUF in 1988) to pay him the amount of the land that he was paid to Pradhikaran for land, and construct the house at his own cost and pay all pending dues of Pradhikaran.
Then after few years A had given all the tenants rights to B in written on stamp paper (but not registered document) as they agreed before.
After that A was expired, after expiry of A, suddenly almost after 27 years A's family claiming the tenants rights from B and want the possession of the land back from B just because of the money.
B is denied since the whole expense (from starting till today) of the land was paid by B to A and same to Pradhikaran on behalf of A. B is depended only on the said land. B had constructed the house of his own money and had the proffs of the documents that he had paid to the contrator for construction of the house. And B is staying since last 27 years without any objection of any one (he had the procession of the land from starting). But A's family pressurising to B for eviction of the tenanted land given to A.
What should do in this case???
I also wish to add one more thing, they just transfer the light meter to the another person to evict the B from house, what action have to be taken in this?
Thanks in Advance.
Shashikant V. Patil
(Expert) 20 September 2016
Approach to Pradhikaran and submit all relevant documents and apply Pradhikaran to transfer the said land/plot from A to B. Otherwise, hire a suitable lawyer to resolve this issue.
Sachin
(Querist) 20 September 2016
But Pradhikaran wants the registered document. Any other way?
Sachin
(Querist) 20 September 2016
Sir,
Also just let me know legal aspects in this case and how can we go ahead further legally?
Shashikant V. Patil
(Expert) 20 September 2016
As per facts stated in your query , " In this case landlord is Pradhikaran (semi government organisation) had given land/plot on 99 years on lease deed agreement (as a tenant) for residential purpose only in 1988 to A (but lease deed not done, just formal agreement was prepared between Pradhikaran and A)".
There is no mentioned of registered document, then how can you say that they want registered document. Which document you are talking about?
Guest
(Expert) 20 September 2016
@ Sachin
1) Lease deed signing between Pradhikaran and A was not done (this is routine problem due to lethargic attitude of govt officers ) but in such case transaction not done legally correct completely because in registered lease deed all terms and condition required to be written for understanding and clarity of all parties
2) Transaction between A and B is illegal , but you did some deed but not registered (Any deed you can go and register practically , registration office is like railway platform sub registrar can not check each thing minutely
3) You need to regularize things by paying penalty , premium etc to local govt. For this you require local advocate who has studied all acts and rules of pradhikaran and make things straight within frame work of law
Guest
(Expert) 20 September 2016
Please note transfer of lease land illegally is routine problem , either they use provision of regularizing or they take steps to regularize encroachment and make fresh deed with Encroach er
encroach er is required to pay heavy penalty and then it becomes straight permanently , fresh land allotment is done new lease deed etc is made with enchrocher
This is general information , for you typical case local advocate require to study and conclude
Most imp. thing it is in person legal interest to make things straight against govt regarding property permanently
Sachin
(Querist) 20 September 2016
Dear Patil Sir,
Shown the agreement documents to Pradhikaran of transfer of rights between A and B which is not register with registrar. hence the problem.
Sachin
(Querist) 20 September 2016
Thanks of your valuable reply Madhu mam and Patil Sir.
Is A's family have any right to evict to B?
Sachin
(Querist) 20 September 2016
Since A's family pressurising B to vacate the house.
Shashikant V. Patil
(Expert) 20 September 2016
Even A's title is not clear in the record of Pradhikaran, then how can transfer of rights from A to B is legal and valid in the eye of law. But you can take a benefit of Adverse Possession and claim for ownership. Consult or hire a Property lawyer.
Sachin
(Querist) 20 September 2016
Thanks a lot Sir...
Guest
(Expert) 20 September 2016
See your query whether a has right to evacuate b from property ? This question after deep analysis only can be given.
In similar lease matters in Maharashtra CAG created report and was tabled in legislative assembly lease deed of people is not made from 1939 terms condition are not clear. So such irregularities indeed take place and that is job of organization like CAG to audit and expose thing that has taken place .
Now certain provision in state law are there too where lessee can ask lessor to put him in possession of land and property
Since property prices are increasing at rate of 12 to 20 per cent , where title is not proper people try to claim land finding one or other loop holes.
It is frequently seen people sell property they don't do proper deed under law neither update records nor pay stamp duty and reg. Fee
After some years seller or his legal heir start claiming rights
There is also tact of bringing opp. Party on negotiation table and remove money as settlement. People file case they know they will loose still try trouble and latter make settlement .
That is why proper deed with stamp duty registration fee updating of record and guidance of proper adv is required who will take care of legal interest of buyer is required while purchasing property whether from individual or bank or govt
Guest
(Expert) 20 September 2016
One more thing you took 27 years , myself while typing did not read again but to claim adverse possession against state 30 years is required min. So this people may have taken legal opinion thar is why they have strike you now. Adverse possession you will require to claim again st local govt too. Any suit involving property of local govt local govt is necessary party to the proceedings
Guest
(Expert) 20 September 2016
One more thing you took 27 years , myself while typing did not read again but to claim adverse possession against state 30 years is required min. So this people may have taken legal opinion thar is why they have strike you now. Adverse possession you will require to claim again st local govt too. Any suit involving property of local govt local govt is necessary party to the proceedings
Raj Kumar Makkad
(Expert) 20 September 2016
Instead of talking theoretical aspects, I directly come to the problem being faced by you. I presume you are B.
Neither the legal heirs of A nor pradhikaran can evict you. Legal heirs of A have no title to that property. An agreement executed between A and pradhikaran has no relevance without having execution of lease-deed. The property is not under lease of A. Let them file a civil suit. Defend it on the basis of your adverse possession to pradhikaran open and hostile.
You may also take a ground that A never took possession of the property and only B possessed it as it was lying vacant and possessed by pradhikaran.
Pradhikaran cannot get it vacated from you as you have crossed a period of 12 years in the adverse possession.
Sachin
(Querist) 21 September 2016
Thanks a lot for your valuable reply Madhu Mam and Raj Kumar Makkad Sir !!!
Rajendra K Goyal
(Expert) 22 September 2016
Agree with the expert raj kumar makkad.
