property law
advmarcela
(Querist) 16 February 2015
This query is : Resolved
Dear Sir/Madam
My mother owned a shop/bar which tax is filed in my mother's name till today. But which we had given to one person X. There is no record in writing but the place is on our name. This X have rebuilt the place taken electricity on his name and converted it into his residence cum bar. We filed many complaints against him in panchayat but no use. No one is turning all efforts unsuccessful. For this issue that is last letter from directorate of pan chaty at which we received in 2008. We want it back. I am an advocate.
Please advice how do i go about with it incase i want to file it in the court.
Thanks and regards
Adv. M. Mesta
advmarcela
(Querist) 16 February 2015
How to take back the possession? Please advice.
P. Venu
(Expert) 16 February 2015
What has been given to the other person: the premises or the license to the run the bar?
Rajendra K Goyal
(Expert) 16 February 2015
Being an Advocate you are familiar with the local rules. There can be more than one strategy you can adopt, each having its own pros and cons. Discuss with some senior.
Dr J C Vashista
(Expert) 17 February 2015
You are required to gather all the informations, documents and evidence of the case and discuss with some local "senior" advocate for proper guidance.
As rightly observed by Mr. P Venu, an expert, is it the licence to run the bar or the house/premises to run the bar is leased/rented out, which you want possession?
prabhakar singh
(Expert) 17 February 2015
Will you mind dear if i blame you that it is a repeated query which was attended earlier by me.
It appears you did not get that attended by others hence have posted again.
Your mother owned a shop,you state,what other proof of ownership is there other than tax payments IS MY QUERY?
A BAR LICENCE CAN NOT BE TRANSFERRED WAS MY ANSWER TO YOUR QUERY so now you say there is no agreement in writing WHILE EARLIER SAID THE TERMS ARE SILENT ABOUT TIME and that suggested me of an agreement in writing.
When that man is occupying your premises and doing constructions without your or your mother's consent and living and running the BAR,all of these his activities
are HOSTILE AND ADVERSE TO THE INTEREST OF THE OWNER FOR WHICH IT IS URGENT TO KNOW,HAS HIS RENOVATIVE CONSTRUCTIONS BEEN WITH PERMISSION OF SOME LOCAL PLAN SANCTIONING AUTHORITY TO ASCERTAIN ABOUT IT'S TIME which crucial fact to check if 12 years passed since then.IT IS ALSO NOT DISCLOSED WHEN DID HE OBTAINED ELECTRICITY CONNECTION IN HIS NAME AND ON WHAT BASIS?
HAVE ENQUIRED IT FROM ELECTRICITY DEPARTMENT?IF NOT ,YOU MUST ENQUIRE ALL THIS!
If those construction are raised without a sanctioned plan.then you should say all that belongs to your mother where in he is tenant simpliciter,month to month, and a eviction notice should be served on him,and accordingly a suit of eviction should be filed.
Your mother should surrender the bar licence to government AND
A Fir should be registered against him for running illegal bar in premises which would
besides ground of arrears of rent,a great solid ground of termination of his tenancy and eviction from premises. BUT THIS ALL IS LAW IN INDIA.HOW IS LAW IN PURTGAL AREA IS UNKNOWN TO ME.I WARN BECAUSE EARLIER YOU TALKED OF PURTGUISE LAW.SO BE WARNED ABOUT THAT.
DUE TO THESE REASONS I TOO ADVISED YOU TO VISIT A LOCAL SENIOR BUT I DO NOT KNOW WHY ARE YOU SHY ABOUT THAT EVEN BEING AN ADVOCATE.
ADVISES HERE ARE OF GUIDING VALUE ONLY AND CAN NEVER PUT YOU IN A SITUATION OF COMFORT
OF PERSONAL ADVISES OF A SENIOR LAWYER.SO VISIT ONE LOCALLY.
advmarcela
(Querist) 17 February 2015
Dear Sir
This is my first query in this regard. Secondly twelve years have crossed and there are complaint s filed in the Panchayat which is at the stage of inspection by the Directorate of Pan chat at and BDO. Which has not taken place since 3 years have passed. The field is of my uncle who had given a piece of land for his sister that's my mother which she constructed a shop and since she got a job in central government office returned it back to my uncle. My uncle took some amount and gave it to x person. That x person intruded in the other part of the field and built a house there. Took electricity and water meter on his own name. Though my mother is paying the tax.
Please advice.
Thanks and regards
Adv. M. Mesta
T. Kalaiselvan, Advocate
(Expert) 18 February 2015
The same question has been repeated in another form in another thread, please check up that if the same query pertains to that too (?)
