House property sublet and no rent over 50 years.
Querist :
Anonymous
(Querist) 05 October 2020
This query is : Resolved
A house property which is registered in my name and the original document in my custody, my father's cousin sister, was given the house on rental basis during 1960 when I was small. When I was major, under religious pressure, he gave a note of Rs 100/- that the house is sold for
Rs.30, 000/= without having received rent for more than 115 years then. Now, out of three children, the youngest daughter is dwelling in the house, and she has sublet the house on rent. She wanted to sell, due to the requirement of legal heir signature that I did not sign, it was not sold. How to solve it when my father, without knowing or remembering I am the legal heir. Then I was 22 years when the note was given.
How to evict them. What procedures I have to do.
Rajendra K Goyal
(Expert) 05 October 2020
What type of documents were executed by you when the deal for 30,000/- was shown?
From the given facts it would be difficult to prove your ownership.
Show all documents to local lawyer and discuss in detail regarding the steps to be take.
Advocate Bhartesh goyal
(Expert) 05 October 2020
Ownership of property never transfer by unrrgistered document .It always transferred by a registered document.House is still stands in your name and you are registered owner of house so you should file. Suit for possession against possessor.
kavksatyanarayana
(Expert) 05 October 2020
Your query is not clear. To my understanding, when you were a minor your father purchased the property and the house was given to rent. But after getting the majority a note of Rs. 100/- was given by him. Who is that by him? Next, you stated that without rent for more than 115 years? When you were a minor the house was purchased and given to rent. so how can you count as 115 years? You consult a local lawyer with the material you have for guidance and further action.
Querist :
Anonymous
(Querist) 05 October 2020
Thanks for the expert opinion. There was a typographical error of 115. It should be 15 years.
The house was built during 1960 by my father when I was probably 6-7 years. He registered in my name then. He gave it his favourite cousins sister to stay on a nominal rent of Rs60/-. She had the children. One elder female,a son and one youngest daughter. All together 5 members in the family then. They paid rent couple of months rent and stopped due to their economic condition and for reasons, my father allowed them to stay. When I finished my professional course, there was initiation of selling the house. Initially they brought some interested parties for buying. Sooner, some of our relatives coaxed them to buy themselves since they have a son. After prolonged bitterness and spiritual Swamiji interventions my father agreed to sell the property. The stamped note of value Rs100/-mentioned that the house is sold to his cousins sister for Rs30,000/- with a verbal condition the original registered papers will be handed over to them after selling the pending rent due till that year, may be in 1979 or so. Unfortunately neither my father nor anyone remembered it was in my name. During the course my father, his cousins sister or her husband, their only son are no more. The youngest daughter who is a unaired stayed till few years ago. Once they came to me for a signature for selling the house and wanted the original registered property papers. I denied to sign our hand over the registered documents. They have been paying the property tax over the years and they have manipulated their names in that village panchayath.
Recently, about 8-10 months,I can’t to know that have rented the premises for Rs40,000/per month since they couldn’t able to sell it. With this back ground, does that stamped letter signed by my father with few witnesses who dat for arbitration holds good Which is not registered out I could claim the property and file case for subletting the property. Please advice. Since I am four of from that place nearly 200kms, cannot go to that place to set the documents right. What are the procedures that I should follow.
Querist :
Anonymous
(Querist) 05 October 2020
Thanks for the expert opinion. There was a typographical error of 115. It should be 15 years.
The house was built during 1960 by my father when I was probably 6-7 years. He registered in my name then. He gave it his favourite cousins sister to stay on a nominal rent of Rs60/-. She had the children. One elder female,a son and one youngest daughter. All together 5 members in the family then. They paid rent couple of months rent and stopped due to their economic condition and for reasons, my father allowed them to stay. When I finished my professional course, there was initiation of selling the house. Initially they brought some interested parties for buying. Sooner, some of our relatives coaxed them to buy themselves since they have a son. After prolonged bitterness and spiritual Swamiji interventions my father agreed to sell the property. The stamped note of value Rs100/-mentioned that the house is sold to his cousins sister for Rs30,000/- with a verbal condition the original registered papers will be handed over to them after selling the pending rent due till that year, may be in 1979 or so. Unfortunately neither my father nor anyone remembered it was in my name. During the course my father, his cousins sister or her husband, their only son are no more. The youngest daughter who is a unaired stayed till few years ago. Once they came to me for a signature for selling the house and wanted the original registered property papers. I denied to sign our hand over the registered documents. They have been paying the property tax over the years and they have manipulated their names in that village panchayath.
Recently, about 8-10 months,I can’t to know that have rented the premises for Rs40,000/per month since they couldn’t able to sell it. With this back ground, does that stamped letter signed by my father with few witnesses who dat for arbitration holds good Which is not registered out I could claim the property and file case for subletting the property. Please advice. Since I am four of from that place nearly 200kms, cannot go to that place to set the documents right. What are the procedures that I should follow.
Dr J C Vashista
(Expert) 06 October 2020
Mr./Ms. Anonymous,
You have made facts of the post as complex and complicated, where lot of presumption is required to come to conclusion, form an opinion and oblige.
Have your parents done your "naam karan" or called as "Anonymous" ?
Sudhir Kumar, Advocate
(Expert) 06 October 2020
come clear with facts.
Any registered sale deed?
any rent agreement?
any eviction suit so far filed?
given facts indicate that even if sale is not proved receipt of Rs 30,000/- 15 years back can be proved.
Querist :
Anonymous
(Querist) 06 October 2020
Sudhir Kumar Ji,
Registered Sale Deed in my name present. The document in original with me.
No rent agreement.
No eviction suit filed so far.
Regards, Dr M V Jali
Isaac Gabriel
(Expert) 06 October 2020
Show the records to local lawyer for filing eviction.
Rajendra K Goyal
(Expert) 06 October 2020
Property is in your name, it was never sold.
Discuss in detail with local lawyer.
File suit for eviction of tenant who is occupying's it.
Pending litigation pray the court to order tenant to deposit rent in court till final order.
A. A. JOSE
(Expert) 06 October 2020
As this involves complex facts, you may better meet a local lawyer alongwith all relevant documents and obtain his view please.
P. Venu
(Expert) 06 October 2020
You can initiate action for eviction in accordance with the local rent laws.
