cancellation of oral licence
n.k.sarin
(Querist) 01 April 2009
This query is : Resolved
Hi friends,
A widow have five sons and a doughter. Some how she got in her possession a piece of land, at that time all his sons and doughter were minor.Doing hard work she earned money and constructed a house.At present all sons and doughter are married and adults and are living together.every one have a room in his possession.Now dispute is created.
Third son says I am the owener of the house. This house was builtup with my physical labour and money.In fact when house was under construction he was only 12 years old.No one has any document and title deed in their possession.
The old widow has sent a legal notice to her said son terminating his licence showing herself owener of the house.
My query is:
1. What is the status of the son in the said house?
2. Is he(third son) a licencee or not?
3. What is the remedy for old lady to confirm her title?
4. If she file a suit for his ejectment what court fees she has to pay?
kiran kumbhar
(Expert) 02 April 2009
hi,
since the land is owned and house is build by that old lady, she is absolute ower of the house and land. since she has no any documentry proof of her ownership she has to file suif for declaration that she is owner of the said house and land and for the suit for possession against her son to get the possession of the room.
now since it is self acquired property the status of her son since he is major he dont have any direct right on such property, his status at the time is same like licesee. the widow she has right to decide who will live in her house and who will not.
no need to file seperate suit for ejectmet, she can pray it in the same suit for possession and declaration. this will solve both the purposes.
n.k.sarin
(Querist) 02 April 2009
Not satisfied with the answer. My query is still open.
Ashey
(Expert) 03 April 2009
if the Old lands has documents to establish the she is owner and in possession of the house .. then ..
1) Son is deemed to be in permissive possession of the house
2) Licencee has a acquired his right by contract for a certain period .. but this is not the case here .. need further materials to clarify on this aspect
3)Transfer the revenue records of the house in her name .. if the title is challenged by any one then file a suit for declaration .. court fee has to be paid on the market value of the property
4) If she file a civil suit for his eviction .. regard court fee please consult a lawyer practicing in that jurisdiction
In Tamil Nadu Rs.
adv. rajeev ( rajoo )
(Expert) 03 April 2009
No need to file a suit because she is the absolute owner of the property. In ur question it is not clear lady how she got the property and in whose name property exptract is there. If 3rd son is claiming that he has also contributed to the building, but burden lies upon him mere orally saying is not sufficient to prove his claim it requers cogent documentary evidences and he has also required to show at the time of construction of building he was earning.
Lady can file a suit for delcaration, possession and alternative prayer for injunction.
Court Fee is always on the market value of the property.
Hiralal Das
(Expert) 03 April 2009
I think, personal contact regarding this matter in question is essential which may satisfy you.
