Licence or tenant
Manas
(Querist) 11 October 2015
This query is : Resolved
My grandfather A permitted, his younger brother B to enjoy residing in a separate portion of his house in 1964. This was just a verbal agreement that whenever ‘A’ or his successors needs the said portion it will be vacated and handed over to A’s family. No rent, nothing.
In the year 1973 B passed away. Meanwhile in the year 1979, the local municipal authority mistakenly put the house tax of the said portion against the name of B’s wife BW. This was corrected after the series of written objections by A, from the year 1979 till 1989. In 1989 the house tax of the entire property was restored back in the name of A. In the year 1993 BW passed away, after which B’s son BS and his family kept enjoying their stay in the said portion.
My grandfather A and BS, both passed away in the year 2010. House tax of the entire house was transferred against my grandmother’s name. In the year 2011 govt of Uttarakhand introduced a free-hold policy to get the property freehold. My grandmother applied for the same, which was objected by the grandson of B in Jan/2012. And later in 2013 B’s daughter-in-law applied for the freehold of the said portion.
Now we wish to get the said portion back from them, what should we do? If going to the court is the option then under which act? What should be our plea?
P. Venu
(Expert) 12 October 2015
What is the decision given in the application for free-hold.
Manas
(Querist) 13 October 2015
No decision from the district administration. Both the files are on hold, they are pressing to make a settlement either thru court or outside.
P. Venu
(Expert) 13 October 2015
Yes, they are right. File suit for declaration of title with a plea to evict the unauthorised occupant, if so advised.
Manas
(Querist) 13 October 2015
Not able to get this, some more advice needed. Kindly elaborate.
K.S.Srinivas
(Expert) 13 October 2015
File a suit for eviction.
Dr J C Vashista
(Expert) 15 October 2015
1. Prima facie the property is lease hold? Who is title holder?
2. House tax do not confer title of the property it remained in the name of A or his successor, although LRs of B may claim in adverse possession.
3. Consult and engage a local lawyer.
Manas
(Querist) 15 October 2015
1. A is the lease holder. But lease was supposed to be renewed after 33 years in 1989, which never happened.
Manas
(Querist) 17 October 2015
Dear knowledgeable Sirs,
Can you please let me know any reference to the similar cases, if any. This would be highly beneficial and appreciated.
