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Sonu (none)     23 May 2011

my father's shop

Dear Lawyer club of india,

My father expired few months back and now the only thing left with us is his shop which is only mode of income for our family, but the society people say tht it was not owned by your father and it was on mutual understanding basis tht the builder gave him tht place, if we have any agreement papers or any transaction on paper with the builder which was 33 yrs back we should give the society otherwise they wont allow us to use tht place and they will make their society office there, my father had a sudden death and he didnt tell us anythg abt wht he kept where after searching we found all the docs except the agreement, and the society says its 100% sure tht we dnt ve the docs for the same, please suggest as we have all the docs realted to shop except the agreement how to calim the same from them now, its being my father's shop we cant do anythg is there a way pls advice, thx in advance.



Learning

 7 Replies

Gundlapallis (Advocate)     23 May 2011

Was your father paying rent to that place? if paying, to whom?

If he was not paying rent then on whose name the electicity connection etc are in? for that particular shop.

 

You said on searching you found few documents, what are they?

Sonu (none)     24 May 2011

dear LCOI,

Thanks for replying my mail, I have found docs such as compensation receipts, which my father used to pay yearly to the scty without fail and from last 4 yrs its not being paid and other all docs and receipts, elec bills and meter are all in the shop's name which means my father's shop's name, and there is one registration certificate also found which is till 2008, and some muncipal receipts are also found only the agreement is not there, but i remember once my father saying tht the agreement papers were destroyed in 26july mishap, but when i told the same thg to the secretary he tells me tht u r making all stories as if the papers were there and destroyed then the copy has to be there with the scty members also which is not there with the secetary, now u only tell me how i will come to knw wht docs are there with the scty in their office , may be they are lying and want to takeover my shop for free :( i really dont understand what to do and whom to consult, and yesterday i was going through some websites and came across this wonderful site which i thought can advice me for free, as my mom doesnt have any cash left to spend on consulting fees and putting up cases on the scty, please advice for the same.thx.

Gundlapallis (Advocate)     25 May 2011

From the information you gave it looks like your father had only permissive possession of the property and was paying compensation to the secretary.  Anyways the society management cannot forcibly throw you out of your shop they have to go only by legal process and that will take some time.  In mean time find out from the local registrar's office what was that document your father was saying about (those regn papers lost in 26July mishap)  Its likely such documents got registered.  Just electricity connection and shop registration will not entitle you title over the property. 

Sonu (none)     25 May 2011

dear LCOI,

thx for replying those were the agreement papers of the shop which got destroyed he told me once, but after that i didnt knew where to check whther the agreement of the shop has being made or not ? so where can i check that please advice, thx, regds,sonu.

Gundlapallis (Advocate)     26 May 2011

Plz check for those papers from the local registration office.  Agents there can help you.  Just ask them you want to know if any registration of agreement was there on your fathers name.  If it is there you can apply for a certified copy.   

Sonu (none)     26 May 2011

Dear LCOI,

thxalot for the feedback i will check and get back, and wht if its not made, then the place cannot be taken over by us is it?? and if yes how can i claim the same?? pls let me knw.thx, regds,sonu.

sumana (practice)     27 May 2011

Dear sonu,

As per the Limitation Act :-

25. Acquisition of easement by prescripttion

    (1) Where the access and use of light or air to and for any building have been peaceably enjoyed therewith as an easement, and as of right, without interruption, and for twenty years, and where any way or watercourse or the use of any water or any other easement (whether affirmative or negative) has been peaceably and openly enjoyed by any person claiming title thereto as an easement and as of right without interruption and for twenty years, the right to such access and use of light or air, way, watercourse, use of water, or other easement shall be absolute and indefeasible.

    (2) Each of the said periods of twenty years shall be taken to be a period ending within two years next before the institution of the suit wherein the claim to which such period relates is contested.

    (3) Where the property over which a right is claimed under sub-section (1) belongs to the government that sub-section shall be read as if for the words "twenty years" the words "thirty years" were substituted.

    Explanation : Nothing is an interruption with the meaning of this section, unless where there is an actual discontinuance of the possession or enjoyment by reason of an obstruction by the act of some person other than the claimant, and unless such obstruction submitted to or acquiesced in for one year after the claimant has notice thereof and of the person making or authorising the same to be made.

Therefore you dont have to panic. the society cannot oust you off from your shop. you just try to assemble all your documents i,e rent receipt. electricity bills and muincipal tax receipts... all these you will get from the register office.


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