Property dispute
namdev kadam
(Querist) 04 May 2017
This query is : Resolved
Hi, my wife's father has a tenacy room after his intestate death she and her other sister signed one affidavit to transfer tenancy rent receipt in elder brother simulteneously brother has signed other affidavit declaring that we three i.e two sister and himself are owner of said room if it disposed off both sister has their share of considerable amount.now he is dead after disposed off said room but his son denying to give their share.so your valuable advice is requested.what is use of affidavit signed in presence of presidency magistrate by her brother.
Guest
(Expert) 05 May 2017
An affidavit, if signed in the presence of the Presidency Magistrate is nothing, except a statement of facts confirmed by the oath by anyone, may that be on a false oath. If affidavit made with false oath, the person signing the affidavit is responsible, himself, but you may have to prove that for the purpose of any legal punishment.
So, that you have to see or some other person, having any concern about the falseness or truthfulness of the affidavit.
Rajendra K Goyal
(Expert) 05 May 2017
It was a tenancy right not an absolute ownership property, even you have relinquished your rights in favor of your brother.
Try to have amicable settlement.
If not possible, show all documents to local lawyer and discuss in detail.
Dr J C Vashista
(Expert) 06 May 2017
Being a tenant no one has a right, claim, or title in the demised premises; none of the three have inherited title of the property.
Consult a local lawyer for better appreciation of facts and applicability of law on the subject in context with above observation.
