(Querist) 09 August 2012
This query is : Resolved
My uncle had purchased a land from Govt of West Bengal in the year 1969 in Salt Lake City , Kolkata, India. The land was a non transferable lease in my uncle’s name for a period of 99 years. My uncle lived in US so the land was lying barren without any construction. Govt of West Bengal sent my uncle a letter stating that if no construction is done on the leased land, the land will be confiscated by the government. My uncle then gave power of attorney to my father to construct a house. My uncle financed the house and my father took care of the construction. Once the house was built my uncle allowed our family to live in that house ,since our family was living in a rented house. I left India in 2003 and my father passed away in 2005 ,now only my mother lives there. My mother is disabled on her legs due to acute degenerative knee disorder. She lives in that house alone with some helper since myself and my sister both live far from there. My sister lives at a driving distance of 3hours and I live overseas in US. My uncle now got retired and returned back to India from US . Last year when I went for vacation from US my uncle requested me to hand over all the legal documents to him. I could not refuse him because he is my dads own brother and he is a very nice person. Once I boarded the plane after my vacation, my uncle and his son took possession of one the rooms and put a paying guest in there. My uncle’s son now and then comes and try to show that the house is his and he would take all decisions regarding the house. They have been trying to sell the roof of the house for the last one year. Our total stay in that house is about seventeen years. My question is , is there a way to stop my uncle’s son to take possession of the house. I don’t want to take the house for free, , I just want some extra time so that I get a better job, take a loan from the bank , either buy my mother a house or flat . Since my green card processing is yet to be completed I don’t want to take the risk of taking loan until I am sure that I have a stable job to pay off my loans easily. The estimated time I may need is about five years. Is there way the our law can prolong the stay of my mother in that house for next five years without interference of the son of my uncle.
(Expert) 09 August 2012
Dear Madam, first appreciate that the house belongs to your uncle and after his death of his legal heirs only. Your status or that of your mother is only a licensee. What I could understand that his son has taken possession of only one room. The rest may be in possession of your mother. There is no illegality if your cousin declare that to be his property which is actually right.
However having said that you cor mother can very well stay in that property for which she would require to file a suit of declaration and injunction. To dispose off this case it would take not less than five years. The properties in Salk Lake specially adjacent to Sector-V or Karunamoyee has appreciate a lot and hence your cousin has become desperate to take possession of it.