Leave and license
Rajiv Thakkar
(Querist) 18 September 2013
This query is : Resolved
Dear Sir/Madam,
I have given my property on L&L basis for 22 months. The licensee is a single person and nobody was staying with him. At the time of giving the property on L&L basis, I was informed that he does not have any relatives or wife or children. However, when one fine day the licensee was hospitalized due to illness; I came to know that he has a brother. I also came to know that licensee also had a wife and son with whom the licensee does not have talking terms.
Before the expiry of L&L period, due to illness, licensee expired. All last rituals of licensee were done by his brother since his wife and son did not turned around. Now the problem is that the brother of deceased licensee is not reverting back to take the possession of belongings of deceased licensee kept. I only have his mobile number and he is not sharing his residence address nor is he giving me copy of death certificate of his brother (i.e. deceased licensee). I am also not having contact details of deceased licensee’s wife and son and also I have not seen them or was ever introduced by anybody.
Now, even the L&L period has expired and nobody from family of deceased licensee is responding. I therefore request you to suggest the way-forward on how I can vacate the property and take the possession of my property back.
Thanks in advance for your valuable suggestion.
Regards,
Rajiv
ajay sethi
(Expert) 18 September 2013
you would need the residential address of his wife, son/brother to send them notice to collect his belongings . you must have taken security depsoit also . inform his brother telephonically that you want to retrun the security deposit . he will come running . when he turns up prepare list of his belongings and handthem over and take his signature on the same . the license has come to an end on death of the licensee
Rajendra K Goyal
(Expert) 18 September 2013
Well advised by the expert, nothing more to add.
R.K Nanda
(Expert) 18 September 2013
agree with sethi.
V R SHROFF
(Expert) 18 September 2013
explained in detail, now act.
Rajiv Thakkar
(Querist) 19 September 2013
Dear Sir,
Thanks for your valuable advice.
I have taken deposit at the time of giving my property on L&L basis.
The Licensee died on 16 May and since then I chasing his brother to take the possession of the belongings. I even told him that I am ready to give back the security deposit after deducting dues. However, he is not reverting giving various excuses. He is not even sharing his address nor he is giving me the copy of deceased licensee's death certificate.
He once told me that he has sent letter twice, thru his advocate, to the wife of deceased licensee; but are returned back as not accepted by her. I asked him to give copy of those letters, but he is not sharing the same giving various excuses nor he is giving address of that lady.
However, to add here I have not even seen deceased licensee's wife and son since they were not present during last rituals of the licensee
Request you to help.
Thanks and regards,
Rajiv
V R SHROFF
(Expert) 21 September 2013
Cannot get possession without following due process of Law. No criminal; Police will not interfere, being Civil matter.
V R SHROFF
(Expert) 21 September 2013
Licensee will be held responsible in such case of criminal act.
All LL Agr, invariably need Police clearance of occupier, so Police is also responsible for allowing him clearance to reside therein.
V R SHROFF
(Expert) 21 September 2013
I understand ur point, for which you hv to manage them , and plan accordingly.
They hv many more ways and means to achieve your objective.
Hpoe u read in between the lines.
Raj Kumar Makkad
(Expert) 21 September 2013
Police can definitely take suitable action in the given case.
Rajiv Thakkar
(Querist) 23 September 2013
Dear All,
Thanks for your inputs.
To summarize, I have two options:
Option 1: To catch hold brother of deceased licensee and prepare the list of all the belongings and ask him take the possession of the same immediately and vacant the premises.
I believe in this option there is no need to approach the Police or any other authority. Please correct I my wrong.
Option 2 (if Option 1 does not work): To contact Police, subject to whether Police will entertain my application, and explain the facts in writing. Prepare the list of belongings in the presence of Police and others. Thereafter, transfer such belongings to some other place and retain the same for about 12 months.
The only question in this option is who will be responsible for safety and security of the belongings.
As a thought, instead of retaining the belongings for 12 months; can I give an advertisement in 2 news paper (one local and another in English having circulation across India) narrating the facts and setting a time line for interested party to approach me for claiming the belongings. If nobody turn-up within the time line, dispose off the belongings after taking stock of same.
Further, what if I do not approach the Police or if Police do not entertain my application. In such scenario would thre be an issue if I do the above act of giving advertisement and sale off the belongings if nobody turns-up.
Request your inputs on above. Thanks in advance for your valuable advice.
Thanks and regards,
Rajiv
Rajiv Thakkar
(Querist) 30 September 2013
Dear Sir,
I met the police having jurisdiction in the area where the property is located.
I was informed that since the matter is civil and not criminal; they would not be able to help unless they are instructed by the court.
Request you to provide your inputs.
It would be of great help.
Thanks and regards,
Rajiv
