Legal status of a legal occupier/ tenant
Father of lovely Daughter
(Querist) 16 February 2012
This query is : Resolved
Respected members of the Lawyers Forum
My father owned a commercial property in Delhi as a tenant sometimes in the year 1950. First the actual owner collected the rent and then after his death by his son upto 1990. Since then till date no one has come to collect the rent from his family,and my 3 attemtpts to send the rent by cheque was returned. neither claming any right on the property. Its in a abandoned situation.
I have tried to contact several times, the son of the owner, who too is about 80yrs plus, to either sell his rights to me, or refresh the tenency or transfer the tenency, legally, but he plainly refused to take any interest.
The property has about 6 old tenents, in total. Now i wish to give the property and am unable to do so without any legal documents.
Under such situation, how can I sell or transfer the occupied shop which i am holding it for last 62 yrs and since l990 no one has come to collect or claim the rent from me.
Please guide me.
Regards
H.M.Patnaik
(Expert) 20 February 2012
From the limited info. given in the query, one thing is clear, the term of tenancy of the said property has expired and you do not possess any document vesting a right or interest in the property as per law.
Unless and until the title is transferred in your name, you do not have any right in the property which you currently occupy for commercial purposes.
Now , accepting the fact that there is no claimant for the property and you are in undisputed physical possession of the property for more than twelve years, in my opinion you can raise claim to the property stating that you are in Adverse Possession of the property and for this you have to approach the jurisdictional Civil court for recording the title of the property in your name . Only after, the title is recorded in your name through legal process, you will be able to transfer the ownership.
You may contact an experienced local Civil lawyer for this purpose.
Father of lovely Daughter
(Querist) 20 February 2012
Raising claim to the property stating that i am in Adverse Possession of the undisputed property for more than 12 yrs and for this how i have to approach the jurisdictional Civil court for recording the title of the property in my name . How long the process will go, in case of Delhi court/
Regardfully yours.
