Legal Question in Real Estate Law in India

Sir,

My grandmother and mother setlled a propery in my name. There were 3 tenants in the property, one tenant handed the keys to me, the other did not pay rent and the other said that he had given Rs.85000/- to my mother as lease and he is not liable to pay any rents.

I filed an rcop against both the tenants and in 114 petetions against them were allowed. In between this my sister and her husband influenced my mother and took her to the register office and cancelled the settlement deed and took posssession from the judgement debtor and gave evidence that she had taken 85000/- from the tenant in RCOP.

Now i filed a declaration and injuction suit against my mother the declaration was granted and injunction was dismissed as the judgement said that i had to amend the plaint for recovery of possession. I went for an appeal reg injunction relief and that was dismissed i did not file an second appeal.

i filed an obstructor petetion in the Rcop and it was allowed i took delivery of first floor which was not recorded in the Rcop as my mother immediately got a stay. I filed an RCA which was allowed and my mother got a stay in High court.

I lost the case in Rcop against the tenant as the judgement said that there was no landlord tenant relationship, in Rca also i lost. Now i have filed an appeal in the high court.

Will i succeed in high court or not. will i have to pay the 85000/- or not. will i be able to evit my mother and sister from the premises? My sister has put up a unautorised room on the terace and as let it out.

Will i be able to evit that also or should i file an other case.

Kindly guide me and reply to my email id [email protected]

rgds,

Balaji Subramanian


Asked on 4/29/12, 8:30 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

29.04.2012

Dear Balaji,

A) Is the property situated in Anna Road, Chintadripet, MES, Pudupet or elsewhere in Tamil Nadu ?

B) Is the property a part of inherited ancestral estate from your grandfather ?

C) In what manner and documentation did your grandmother and mother transfer and settle the property in your name ?

D) Please elaborate full form of abbreviations mentioned in the query - Rca & Rcop ?

You can mail me for further on-line legal advice at [email protected]

Regards,

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Answered on 4/29/12, 8:52 am
ranganathan raghavachari R.Ranganathan & Associates

You have stated that the settlement was cancelled by your mother. On what grounds it was done. When the settlement was made by both your grandmother and mother then how your mother cancelled it. Further once a settlement deed is registered the same cannot be cancelled without any valid grounds. How possession has been taken by your mother and sister from you. You can state in your rcop and rca that the settlement was made in your favour and possession is with you. You have also got possession from one tenant, that is itself proof of your possession. You can evict the tenants by filing fresh rcop against those tenants. You can file as many number of rcops as you can depending upon the changed circumstances and grounds of eviction.

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Answered on 4/29/12, 11:26 am


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