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(Guest)

premissive occupant

Hi,

Can anybody tell me? What are the legal remedies for "Permissive Occupant"?



Learning

 8 Replies

rupareliya (advocate)     25 November 2008

 


First you have to tell me witch type of permissive occupation is

A lease or license or any thing else  

Without correct information I cant give u any suggestion

 

 

(Guest)

The fact is that the elder brother (A) brought property and put up house in the said property, since there was not enough space in the house during the Elders Brothers (A) Daughter marriage he constructed a portion within the premises in the vacant land available and requested his younger brother's family (B)  who were until then living as a joint family to shift to the newly constructed portion which is only 152 sq.feet. Now the former one (A) wants to evict his younger brother(B), he  states that his brother(B)  is a permissive occupant so he has no right to stay there or could claim any right over the property. The property was purchased by the family contribution when they were jointly living together but the younger brother (B) has no proof to prove his contribution towards the fund to purchase the property.

Ajay kumar singh (Advocate)     26 November 2008

If  there is no proof of formal partition,the family will be treated to be joint and the younger brother can not be said to be a permissive tenant rather he is a co-sharer entitled to get his due share.He can not be evicted.

K.C.Suresh (Advocate)     27 November 2008

If it is a fmly property then B is not a PO. On that ground eviction not possible.


(Guest)

 


Thank you for your Feedback. The property was brought with the family contribution but registered in the name of the Elder brother. So now he wants to evict his younger brother from his Premises.

(Guest)

 


Thank you for your Feedback. The property was brought with the family contribution but registered in the name of the Elder brother. So now he wants to evict his younger brother from his Premises.

PALNITKAR V.V. (Lawyer)     29 November 2008

The true position is that although there is presumption of joint family, there is no presumption that the property is joint family property. However, if there is nucleus belonging to the joint family, then the property purchased would be deemed to be joint family property. If there is no necleus, then the member who asserts that the purchased property is joint has to prove that fact.


(Guest)

 


Thank you.


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