engineer1 (Household member) 25 March 2012

Property care-taker - no agreement

Dear Lawyer Community,

I am an NRI with property I own in India. I have assigned a family-friend to be the Care-Taker of the Property which is the residential house. Their family lives there since 2009. My friends are telling me that it is un-safe to have someone live there without ANY kind of Agreement on vacating it when I need it to be vacated.

Please advise if there is an Agreement possible so that I know they will vacate when I want. Or is it safe to have absolutely NO Agreement at all? I do not want to leave any loophole in some poorly worded Agreement.

Please advise.

Thanks

Reply Follow

2 Replies

Mamta Jha (na) 25 March 2012

Your family-friend is the possessor of the property. A possessor enjoys certain judicial protection against third parties even if he is not the owner. It is secure to transfer the property from ownership to the possessor backed by Leave and Licence agreement, since, the property seems to be borrowed from you. Care-taker agreement would be another option however L& L agrrement is more secure.