Land dispute.
Querist :
Anonymous
(Querist) 11 September 2011
This query is : Resolved
sir,
we are 2 son of our father.
there are two workshop ,let one be X & another be Y.
In workshop X i am doing business for about 15yrs.X is a rented property .but the owners(owner was died and he has 5 son who are alive.)does not take rent.thus i give rent to the government 'rentcontrol' office.but the rent bill,electricity bill & trade license all are in the name of my brother.but for 15yrs i am paying the bills & doing business there and had all the slip & bill.the machine present in the workshop are also buy by me.
Now in workshop Y my brother doing business for about 17yrs.but the property & trade license owned by my father.the trade license & tax are given by my father only.
Now last year we thought to change the trade license name to our respective name.ie change of trade license name :workshop X to my name from my brother name & workshop Y to brother name from my father.but coincidentally change of trade license name of workshop X was cancelled,but change of trade license name of workshop Y was successful.that mean trade license of both workshop X & Y are in the name of my brother.now my brother refusing to change the trade license name of workshop X to me.and only this year he paid the trade license of workshop X.one important point property Y is still own by my father only.
market value of workshop Y is much more than workshop X.still my brother doesn't want to give workshop X to me.
now what i will do pls tell me,it would be better if i got workshop X.
please understand my position.i am nowhere.
prabhakar singh
(Expert) 11 September 2011
In work shop X right, if any, is simply a tenancy right.In case of dispute,it belongs to both.As after death of your father you have been paying bills rent etc. but all in name of your brother ,hence how can it be said that you have been in possession of rented work shop for last 15 years.
As regards to y work shop since it was owned by your father,hence after his death you both brother have equal share(if no other of your father is there such as your sisters,grand mother,and mother.)
your best option is to claim partition of y work shop,and if your brother does not agree file suit in civil court.
Querist :
Anonymous
(Querist) 12 September 2011
my father is not dead,he is still alive.will i stop paying rent to rent control office of workshop X as it is useless?
what is tenancy right.
will it be helpful if i buy the land of workshop X from the 5 son's of the owner,as owner has died.
pls help me.
