Property possession
TRIBHUVAN PUROHIT
(Querist) 22 October 2011
This query is : Resolved
A Widow Lady had given her flat on leave and license basis for one year, after few years lady expires leaving behind her son as a nominee.
The said flat was given on leave and license to the company and the said flat is occupied by one of the director of the company since years, (Please note here that agreement period is of one year only and now the flat is occupied without agreement by the company)
The son had no money to pay the maintenance to the society, bill is in the name of son as on date and the (company is making the payment is making payment for the occupant director)
Son wants to evict the company from holding of the flat and use the same flat for his residential purpose.
Present Scenario:
Now the flat is in the name of her son is not disputed as society confirms that share certificate in his name, he is a bonafide member of the society and owner of the flat but either society secretary nor himself knows how to evict the occupant. The BEST Bill is also in the name of son.
I have posted the same query under the category property law also,
Please help.
Thanking you,
Tribhuvan Purohit
M.Sheik Mohammed Ali
(Expert) 22 October 2011
best things send a notice to evict, with aforesaid reason for own occupation. but it will take time, if possible to any amicable settlement try to him.
ajay sethi
(Expert) 22 October 2011
where is the flat located?
when was flat given on leave and licence ?
whether after expiry of leave and licence agreement company continuing to pay licence fees ?
the son should enter into fresh leave and licence agreement with the company to avoid legal hassles
prabhakar singh
(Expert) 24 October 2011
Please state about the following facts:
1]the state in which the flat is located,
2]the leave and licence is registered or unregistered,
3]the date of the agreement,
4]the licence fees being paid by the company or not,
5]the last payment received for month...??
Devajyoti Barman
(Expert) 24 October 2011
Query lacks certain vital information and rightly raised by Mr Singh.
TRIBHUVAN PUROHIT
(Querist) 24 October 2011
Mr. Ajay Sethi - Please note reply to your questions:
1- Property Location - Tardeo Mumbai.
2- Flat given 20 years back only for 1 year.
3- No, as the agreement was not registered as well as it was only for 1 year and as stated by me now only society maintainance paid by the director to the society in the name of son, no rent being paid to the son for this.
Mr. Prabhakar Singh - Please refer above replies as well as note answer to your queries below.
1- Flat Located - Tardeo Mumbai.
2- Agreement Not registered.
3- Not known yet, copy awaited but it is almost 20 years back Which is best known to me.
4- Agreement is unregistered hence license fees is not applicable.
2- Son has not been paid any rent towards occupying the flat by the occupant and as stated above occupant is paying society maintainance bills.
I hope, it is satisfactory for you to advice me in a better way.
Thanking you,
TRIBHUVAN PUROHIT
ajay sethi
(Expert) 24 October 2011
the flat must be worth in crores now . tardeo is prime area in mumbai .property rate around 40,000 / per square feet .
gross negligence on part of owner of flat .
the tenant is sitting pretty . no rentals to be paid and in posession .
isue legal notice to tenant for vacation of premises . file suit for eviction .consult a lawyer .
