Proof of gratituous licensee

Guest (Querist) 16 February 2014 This query is : Resolved
My parents and thereafter my brothers B1 and B2 are in possession and residing in a flat in mumbai bought in my name in 1980.

They are living as mere gratituous licensee and not paying me any rent etc. There was no paperwork done and this living arrangement was just for convenience sake.

B1 has now filed a case against me claiming 1/3 right, title and interest in the said flat as it goes in for redevelopment.

What documentary proof do i provide to show that he is residing for last 20+ years only a gratituous licensee?

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ajay sethi (Expert) 16 February 2014
the fact thatentire consideration for purchase of flat has been paid you and no leave and license agreement has been executed regarding your brothers would show that they are staying as mere licensees . the fact that society maintenance dues , property taxes etc have been paid by you for all these years will help you in proving that they are mere licensees. It is purely permissive occupation being a member of the family or being a close relative of the family members. Such a person cannot get any legal right or legal possession or legal occupation in the premises

Guest (Querist) 16 February 2014
Sir, but i have not been paying the society dues etc all these years. First my father paid and after he passed away the brothers are paying (by cheque for the past few yrs) but the receipt is still issued in my name only.

Will that work against me in proving that they are gratituous licensees, and help them claim ownership?

Devajyoti Barman (Expert) 16 February 2014
Since they are licensee the burden of proof is upon them to prove their title.
Once they discharge their burden then the onus shifts upon you to disprove it.

So unless you mention the grounds of the plaints. your defence can not be advised.

Guest (Querist) 16 February 2014
Thank you so much Sir.

ajay sethi (Expert) 16 February 2014
thanks for your appreciation

Rajendra K Goyal (Expert) 17 February 2014
Agree with the experts. Well advised.

T. Kalaiselvan, Advocate (Expert) 18 February 2014
Agree with the experts opinion. First allow them to initiate legal action and after that you defend accordingly

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