Question
Querist :
Anonymous
(Querist) 05 September 2018
This query is : Resolved
Dear Sir,
Need a guidance and advice.
We have an ancestral house which we are now trying to sell in Kolkata.
There are total of 5 joint owners.
4 of the owners do not stay in this house.
The 5th owner who is also the eldest person has been staying at this house right from the very beginning.
The oldest owner is still staying in that house. One part of the house was on rent over 20 years ago. We are told that the oldest owner had an erstwhile tenant with whom there was a normal court case/eviction case going on about 20 years ago. But 20 years ago, the tenant received a lumpsum payment from this oldest owner and vacated that flat. At the time of vacating the flat, the tenant issued a letter to this owner (letter addressed as the oldest owner & Others), saying that he is vacating the flat and all cases against the tenant will be withdrawn. Also, in that letter, the tenant has mentioned a condition that the house is being vacated as the owner will be using for his self purpose and also that in case the house is ever sold or put on rent, then the tenant would get an equal share of the same.
This was 20 years ago and the eldest owner had signed this letter as accepted during the handover of the flat. The letter was just on a normal white paper.
Now today at the time of selling this house, the oldest owner is now showing this 20 year old letter to the other owners and saying that the other owners must give an undertaking that in case this erstwhile tenant creates any case against that oldest owner who had signed that letter as accepted, the other owners would also be jointly willing to accept.
Now the question is that none of the other owners were aware of such a letter – nor did the other owners ever give any POA to this oldest owner.
If the oldest owner has accepted such a letter, he did that on his own.
Problem is now the oldest owner says that in case other owners do not give such a letter/undertaking he will not sign on the sale deed.
So the legal question is whether such a letter ( dated 20 years back) will be valid in the court of law and if the other owners does give such an undertaking , will be any major risk to the other owners.
As the oldest owner insists on such an undertaking, need the advice.
Kishor Mehta
(Expert) 05 September 2018
The unregistered statement is not valid with regards to the entire property, further other heirs, who are not signatory, can not be held liable for the deeds of one. Moreover a simple written letter or statement, to a tenant, is not a valid document to prove ownership or partnership. The claim is absolutely bogus.
Kumar Doab
(Expert) 07 September 2018
Pls don’t post as AQ and post with your ID and you can get many responses.
Your ID does not mean your email id or phone number etc and don’t post these.
Before attaching any document erase all names, logo, email id, phone number, address etc to maintain confidentiality.
Obtain proper legal opinion in writing.
Kumar Doab
(Expert) 07 September 2018
You can benefit from the post of Mr. Kishore Mehta.
What happened to the court case posted by you?
You can take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, and find a very able LOCAL counsel of unshakable repute and integrity specializing in concerned field of law e.g; rent/Civil matters as in your case, and well versed with LOCAL applicable rules/personal laws, precedence, latest judgments etc …. and worth his/her salt, and your counsel can advise you after examining all docs, evidences on record ..
There are such very able counsels at each location.
Check for such counsels at LOCAL Court hearing cases under Rent Control Act /civil courts, HC, SC…
