Title of property
pravin m. shah
(Querist) 17 August 2013
This query is : Resolved
A widowdied in 1960 making a will to use her land for public good and appointed administrator for the same as she had no legal heir. Mutation took place almost 7/8 years due to issues associated with Land Record office. It came to light in 2004 that the property had been rented to one of the co-owners. The administrators had no knowledge about renting of the property nor the tenant ever disclosed this. In the purported rental agreement the tenant was given right to sublet . He rented out the land held in the name of the widow and in 2006 he sold out the land to another person giving 999 years of lease. The administrator took the matter to court in 2012 as he was not informed by the Record office about any changes made by mutation of documents to which the tenant or the said tenant had no right and no right had been provided in the rental agreement. Does the Law of Limitation apply in this case and the title to the property had been changed by fraud. I need to add that the executor of the will had directed the property to be used for public welfare.
Shall appreciate views in this matter.
Devajyoti Barman
(Expert) 17 August 2013
The administrator shall have to file a suit for eviction of tenant.
Rajendra K Goyal
(Expert) 17 August 2013
Administrator should file suit of eviction. Agree with expert.
Raj Kumar Makkad
(Expert) 18 August 2013
I have also the similar opinion as expressed above.
