Uncle become tenat pros and cons
vijayj4.2012
(Querist) 31 August 2017
This query is : Resolved
Respected Sir, Immovable house property in Pune Maharashtra, purchased by two cousin A and B from there hard earnest money jointly in 1990. After purchasing property, ONLY B, B's father and B's brother with their family residing in the house property. There is no dispute between A and B as they are family members, hence everything goes amicably.
Now in the year 2005 dispute arises between A and B so both files criminal complaints, but no civil complaint.
Later in 2010 B and B's brother both relocated to another house and only B's father and mother residing in the property.
Now just week before B's father deceased and B's mother went to B's another house.
A and B is co-owners and there jointly owned self acquired property.
Now A want the possession of the property.
A's lawyer suggested that we can say we(A) gave permission to B's father to reside in the house as they are senior members in the family and after there .
SO my query is
Q.1) Is there any issue we face in near future if say we give permission to B's father?
Q.2) Can it creates tenancy rights to B's father and after there demise B's heir?
Q.3) What are the pros and cons to say B's father is our tenant and gave B's FATHER a tenancy rights?
Q.4) What are the pros and cons if we say B is the tenant of A.
R.K Nanda
(Expert) 31 August 2017
better consult local lawyer.
Kumar Doab
(Expert) 31 August 2017
Since there are many issues and many may crop up; Sell the share preferably.
vijayj4.2012
(Querist) 31 August 2017
Respected Sir, consult the local lawyer and they want to send a notice such that,
"B's father residing with permission of A who is uncle of A. After B's father demise, B's mother and B's family residing at other house and after B's father demise B is obstructing the easementry right of A by putting lock on door of the house and its illegal activity. As B is not residing in the property, remove the locks and do not obstruct the easement and possession of A"
Can saying B's father residing with permission of A who is uncle of A will create tenancy right to B's father? If yes, then we need to know, whats are the cons if B's father will consider as tenant?
Thanks in anticipation for providing your kind reply, suggestion and help.
Yudhish Padman S
(Expert) 01 September 2017
Dear vijayj4.2012,
I understand that the property was originally inhabited by the following:
1) B and his family
2) B's brother and his family
3) B's parents.
In the year 2010, the following moved out of the property:
1) B and his family
2) B's brother and his family.
Recently, B's father died and B's mother moved out of the property to stay with B.
So, as on date, there is no one staying in the property. But B's mother would have locked the house because she would have her things still inside which means, she is still in possession of the property.
It is not advisable to allege tenancy because any prudent person, given the facts and circumstances of your case, will be able to see that you are lying. Instead, it is better to stick to the truth. I agree with the opinion of your Lawyer. If that notice doesn't work, then you may file a Suit.
Regards,
yudhishpadman@gmail.com, Advocate, Chennai.
Dr J C Vashista
(Expert) 02 September 2017
1. Giving permission to B's father shall be in the capacity of licensee, there is no problem, it can be revoked whenever A desire.
2. Neither any leave & licence has been granted nor created in favour of A, hence no question/problem.
3 & 4 are academic subjective question papers.
