Anonymous
13 October 2015 at 17:12
In 1964 my grandfather A was given a license to enjoy a rent-less stay in his house by his elder brother B. This was just a verbal agreement that whenever ‘B’ or his successor’s needs the said portion it will be vacated and handed over to B’s family.
In the year 1973 A passed away. Meanwhile in the year 1979, the local municipal authority mistakenly put the house tax of the said portion against the name of A’s wife AW (my grandmother). This was corrected after the series of written objections by B, 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 AW passed away, after which A’s son AS and his family kept enjoying their stay in the said portion.
AS and B, both passed away in the year 2010. House tax of the entire house was transferred against B’s wife BW. In the year 2011 govt of Uttarakhand introduced a free-hold policy to get the property freehold. BW applied for the same, which was objected by me in Jan/2012.
Later in 2013, while searching the old papers and bills we came across a document “Zubani Khandani Batware ka Yaddasht-nama”. This document is dated 03/11/1977 and says that A and B came into a verbal settlement in 1964 that the portion of house each one is residing in belongs to them, and the doc was needed now so as that no conflict arises in future. The document is signed by my grandmother AW and B. This doc is neither notorised nor registered, just on a simple plain legal sized paper. This doc has 2 witnesses, no. 1 is the eldest brother of A & B, and no. 2 is my maternal uncle. Witness no. 1 died in the year 2012, witness no. 2 is still alive and I have taken an affidavit from him saying that the above document was made in front of him and he remembers to sign it. This affidavit is notarized in Delhi.
Now B’s wife has served upon us a notice stating that the license to stay in house is revoked and we must vacate the house. She has also moved to court making my mother as defendant.
What should we do? How much is the document dated 03/11/1977 important? Does it hold any good as it is unregistered? I feel BW made a will in favour of his wife, but the will is also unregistered.
What to do ??
In 1964 my grandfather A was given a license to enjoy a rent-less stay in his house by his elder brother B. This was just a verbal agreement that whenever ‘B’ or his successor’s needs the said portion it will be vacated and handed over to B’s family.
In the year 1973 A passed away. Meanwhile in the year 1979, the local municipal authority mistakenly put the house tax of the said portion against the name of A’s wife AW (my grandmother). This was corrected after the series of written objections by B, 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 AW passed away, after which A’s son AS and his family kept enjoying their stay in the said portion.
AS and B, both passed away in the year 2010. House tax of the entire house was transferred against B’s wife BW. In the year 2011 govt of Uttarakhand introduced a free-hold policy to get the property freehold. BW applied for the same, which was objected by me in Jan/2012.
Later in 2013, while searching the old papers and bills we came across a document “Zubani Khandani Batware ka Yaddasht-nama”. This document is dated 03/11/1977 and says that A and B came into a verbal settlement in 1964 that the portion of house each one is residing in belongs to them, and the doc was needed now so as that no conflict arises in future. The document is signed by my grandmother AW and B. This doc is neither notorised nor registered, just on a simple plain legal sized paper. This doc has 2 witnesses, no. 1 is the eldest brother of A & B, and no. 2 is my maternal uncle. Witness no. 1 died in the year 2012, witness no. 2 is still alive and I have taken an affidavit from him saying that the above document was made in front of him and he remembers to sign it. This affidavit is notarized in Delhi.
Now B’s wife has served upon us a notice stating that the license to stay in house is revoked and we must vacate the house. She has also moved to court making my mother as defendant.
What should we do? How much is the document dated 03/11/1977 important? Does it hold any good as it is unregistered? I feel BW made a will in favour of his wife, but the will is also unregistered.