Licensee claiming of family settlement
Manas
(Querist) 17 October 2017
This query is : Open
3 brothers A, B, C & 2 sisters D & E, migrated from Pak & settled at Rudrapur, UP in 1954-55.
During 1955-57, they purchased a lot of plots in an open auction on a lease of 99 (33x3) years.
In 1956 B purchased a plot in his name & started building his residence cum shop in that. C also purchased the same size plot nearby & sold it. In 1960, C urged for shelter from B which he accepted & C started living with his family (verbal licence) and committed that whenever B or his family needs that portion C will vacate it.
In 1973 C passed away at an early age of 38 yrs. After which licence was given to his wife CW. In 1979, the municipal authority mistakenly put the house tax of half of the portion in the name of CW. This was corrected in 1989 after written objection by B. In 1989 the house tax of the entire property was restored in B’s name & was in his name till he died in 2010. In 1993 CW passed away, after which C’s son CS enjoyed the licence. The first 33 years of the lease ended in 1989, the lease was neither further extended by the govt. nor did B asked for the same. In the early 1990s, govt came up with the freehold policy for leaseholders & unauthorized occupants, but none applied.
B passed away in March 2010 & House tax got transferred to B’s wife BW. BW too continued the licence to CS. After a long illness, CS passed away in Aug 2010. After this, BW gave the verbal licence to CS’s wife CSW. Same year 'A' elder brother of both B & C passed away.
In 2011-12 govt of Uttarakhand, introduced a fresh free-hold policy. BW applied for the same, which was objected by the grandson of C, i.e. CGS. In 2014, C’s daughter-in-law CSW also applied for the freehold of the portion they were staying in. They made the basis of their claim to a paper with heading “Zubani Khandani Batware ka Yaddasht-nama”.
This doc dated 03/11/1977 & says that B & C came into a verbal settlement in 1964 that the portion of the house each one is residing in belongs to them & the doc is needed now because CW is facing problems in modification & planning of the said portion & also in getting a bank loan. Due to which the conflicts started increasing between the two families. Because of this A & other relatives are have forced both B & CW to make this document, which may come to help when needed. This doc is witnessed by A (dead) & CW’s brother (alive).
On knowing this BW cancelled the licence verbally & then via a legal notice thru her lawyer & initiated an injunction & recovery suit.
Now, BW claims of a verbal licence while CSW claims for family settlement.
B&C held a plot jointly which they sold out. They also held a plot with their brother-in-law DH, i.e. D’s husband. This was divided 25% each between B & C, & 50% to DH in 1973. CS also forged an agreement deed in his favour by B relinquishing his share in the name of CS, dated 1998. This helped him to get freehold of the 50% plot in his name.
BW is my maternal grandmother & 85+ years. Now she is living in Alwar(Rajasthan) with one of my aunties. My father is her registered Power of Attorney & also co-plaintiff in the above suit. My mother & her other sisters & her brother (mentally weak) are formal respondents.
How should we proceed for the decree of our suit? What are the relevant laws & references?
P. Venu
(Expert) 18 October 2017
Had C or his legal heirs carried out any construction or had they contributed to construction?
Manas
(Querist) 22 October 2017
Not initially, but yes at a later stage they did some minor altercations in the original structure.
But how is this going to affect the plea?
Manas
(Querist) 30 October 2017
Should we challenge the "Basis of suit" filled from their side, and ask the honourable court to testify and verify the signature of B on the said doc "Zabani Khandaani Bantware ka Yadashtnama"??
