Title ...
tdeli
(Querist) 16 December 2012
This query is : Resolved
My grand Father owned a plot of land , the rights of which were later acquired by my father and only uncle 50 % each share after probate of my Grand Fathers will.
There was a tenant in that plot for last 35 years with whom my parents were having a case for non payment of rent but he was in possession of the plot and fighting the case on the grounds that my father and uncle were not the legal owners of the plot. Some 10 yrs back he bought my uncles share of 50 % of the plot and obviously became 50 % owner of the plot along with us.My father did not pursue the case after that and it was also shelved in courts.
My father too passed away some 8 years back leaving me this Plot.He has shown lots of inclinations to buy the balance 50 % plot from me but i have not sold it till date but also not collected any rent from him for the balance 50 % till date and also never sent any notice regarding the landlord tenant relationship or ownership of the plot as title holder as he is in possession of the plot.
My ques. is-
1. The case in the court is been shelved for 10 years now, will i lose my rights of title if i don't send him any notice as landlord till within 12 years as per the limitation of 12 years or not.
2. What should i do now to get hold of my title and relationship of landlord and tenant. . Ask for rent ... send him some legal notice...
Thanks ...
Raj Kumar Makkad
(Expert) 16 December 2012
1. It depends. You should consult with a local lawyer with the complete documents of the case which was dismissed due to non prosecution.
2. You should have demanded rent many years back. Anyway by sending a notice, do demand rent and then go to lawyer for complete direction.
tdeli
(Querist) 17 December 2012
Thanks for the great reply .. appoint a lawyer ... wow ...
Raj Kumar Makkad
(Expert) 17 December 2012
You have to right to get such replies as per understanding of the experts otherwise you need not to post such queries.
