My father was the sole owner of a cinema house along with permanent cinema license issued by the district magistrate 24 parganas (north) . He died on March , 1984 leaving behind his wife , me (married daughter) and my two brothers . On some verbal mutual assurance , my mother and I gave "no objection" for the transfer only cinema license to my brothers in an affidavit on 1988 in the court of executive magistrate sealdah 24 parganas (north) . My mother died in Dec, 2012 . Due to my age and financial stringency , i wanted financial help from my brothers but was refused . Now i want to withdrawn/cancel my "no objection" (affidavit) . Kindly advised how i can withdrawn/cancel the "no objection" (affidavit) and simultaneously include my name in the cinema license ?
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You have given noc only for transfer of cinema licence in brother name
2) you have not relinquished your share in father cinema house
3) file suit for partition to claim your share in deceased father property
4) you cannot withdraw the affidavit and include your mane in cinema licence
1.The NOC once given can not be withdrawn in cormalcorcumstances.
2.however at the time of giving such NOC if there was any compromise between you and the brother of taking care of your financial assistance then on the ground of breach of such condition you can revoke the NOC.
3.So you can write to the authority asking for revocation of such license which is granted in the name if your brother.
4. If the authority doesn't do that then you can file writ petition in high court.
If you wish have my assistance in revoking the license you may feel free to contact me at [deleted].
Law is not a game of play that it can be tuned to one's desire time and again.
If you had executed an affidavit on oath before court and a verdict has been drawn based on your statement by the court, then you are bound by it.
The law is common for all.
You have to look for some loop holes to derive some share of income from that property now being enjoyed by your brothers alone.
You my file a partition suit claiming partition and also share in the mesne profits stating that the affidvit what was given during that time was on the oral assurance to share the revenue whereas practically it is not happening.
Your advocate in the local may be having more such ideas, you may contact one and file a suit immediately.
Please remember that once a judgment has been passed based on your affidavit expressing no objection, then if ther was no appeal against it, then it becomes final and any application at this stage to nullify the earlier statement is not maintainable.
1. I think that you have given only licensing right so you can withdraw it by filing a civil suit for revocation of such right.
2. when a limited right is given to a person for some time or for indefinite time then this right is called a grant and such grant can be revoke at any time by the grantor.
1. Was your said 'No-Objection' unconditional?
2. Did you put any stipulation while issuing the said 'No- Objection' letter?
3. If yes, then you can explore possibilities of finding out way to allege that the condition under which the said 'No-Objection' letter was issued has been violated for which you want to withdraw the saod 'No-objection'.
4. if the said 'No-Objection' letrer was issued unconditionally, then you have no ground to withdraw the same.
1. You cannot revoke the NOC which you had executed.
2. If, however, you had only given NOC for the transfer of only the license of cinema and not your share therein, you can cull out your share in the cinema through a suit for partition and also claim your share in the profits.
3. Consult a lawyer with a copy of NOC.
