Please help on my property
kshriram
(Querist) 01 May 2012
This query is : Resolved
This is Kiran, Aged 58. We are 2 brothers and have parents. We divded our property 12 years back.
I am living seperately from 12 years and I got a small mill as a share and my brother and father got
2 houses and some cash. The mill is on my father name and it is not registered to my name. The house
which my father lives is on my name and he obtained as a part of his share.My brother got a house which is on
my father name but my brother living in that house from last 4 years.
For few years I ran the mill myself and as I am not feeling well & I started giving
the mill for lease. I gave lease to my father a couple of years for half of the market price. Last year
I gave lease to another party for double the price. This year we gave to some other party who has some rivals
with my father. My father got angry on this and he decided to take back the mill. He is threatening he will
lock the mill.
Now my father is saying he is going to take back all the properties and divide after his death.
I requested my father that I will cancel the lease with his rivals but he is not listening.
how can we resolve this problem? I have only source of income from my mill.
Please advise how to proceed.
Thanks,
Kiran
Devajyoti Barman
(Expert) 01 May 2012
I appears that your father is owner of the MILL and it is his self acquired property.
If that is so then you have no remedy.
If it or other properties you mentioned are the ancestral property then you can go for filing a suit for partition and injunction till the suit is disposed off finally.
kshriram
(Querist) 01 May 2012
Yes, my father is owner of the MILL and his self acquired property.
Thanks for your reply Devajyoti.
I pray God and hope he realized the fact.
ajay sethi
(Expert) 01 May 2012
you have stated that
We divded our property 12 years back.
how did divison take place? was any document executed in writing?
it appears that family settlement has taken place but as per terms agreed upon between parties transfer has not been affected . if you had been alloted a mill then it should have been trasnsferred in your name .
contact a local lawyer
prabhakar singh
(Expert) 01 May 2012
My approach is also as is of Mr.Sethi.
You have not mentioned the mode of partition.
Was it oral or documented???
Even if it was oral,the remarkable time passed is 12 years!!!!Do you have some evidence to prove that 12 years have passed since when you are owning the Mill exclusively????
Keep all leases safe in your custody.
Do you have any documentary proof of leases made in favor of your father??????
If you have answers in affirmative to my questions posed here,it would not be easy for your father to take back possession of the Mill from you by force or by process of court.
But I shall not advise you to go to court
for any relief.
Just be polite with your father in getting him cool as you have been.Do not take any legal step in advance when you are in possession of the Mill.Continue to lease by documentation.
If he does not cool down,let him go to court first.
I mean it would be safer for you to adopt a strategy of being defendant,should there arise any litigation between you two.
Shonee Kapoor
(Expert) 02 May 2012
I agree with considered opinion of Ld. Prabhakar Singh Ji.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
