I am a business man running a shop in a town in kerala for 30 years. This shop is owned by my sister. we were partners before and now i am doing the business by myself for the last 15-18 years. We had a "family exchange deed" whereby this shop was agreed to be given to me and another brother will transfer his property to my sister as a consideration for it. That brother who was asked to do the transfer disagreed to it. I was unable to pay my sister even though i agreed to pay some cash within a stipulated time. Now this shop was sold by my sister to a third party. I am now asked to vacate. what are my rights?
1. I do not have a tenancy agreement or anything in writing from my sister on this shop. I had a POA which was cancelled.
2. This was a permissive possession and my sister wrote to me that the permission is withdrawn and I should vacate this property to the new buyer.
3. The exchange deed document was not signed by my sister or by the brother who agreed to transfer the property to my sister. This was only signed by the other brothers.
4. A second meeting of the family was conducted in June 11 in which there was agreement to transfer this shop to me. Minutes of that meeting was signed by the husband of my sister. My sister was not present at that meeting nor the brother who agreed to transfer to my sister.
(I own a shop adjustant to this shop which is vacant). But since I was in possession of this shop for 30 years , i was advised that I get legal right to this property. Is that true ?.
