You can send him legal notice about the same. If he wants his property vacated you can ask him to return your money with interest and compensation you want.
Dispute over a property compensation
In 2008, my father had a verbal agreement with an acquaintance under which rebuilt his two floor property. In return we were given one of the floors to live. Never in the verbal agreement was it established that we were tenants. It was a deal in good faith where in return of building the house we were given a floor to live with a promise that half registry will be done soon. The total cost of building the house was about 19 lakhs back in 2009. We shifted in the house in 2009 and were in cordial terms with that acquaintance. Since couple of years back, the relationship between him and my father became strained and from last year(2017 july) onwards he asked us to vacate the property. With each consecutive meeting he denied promising anything- ownership or compensation for investing our money and efforts into building the house. Currently he has once again verbally asked us to vacate by june 30. I would like to know our legal standing in this case and what steps can we take legally to either continue our stay or to receive compensation from him.
Asked 6 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
12 Answers
Hello,
In whose name the land is registered right now on which the building has been made.
Regards
1. It was indeed great mistake not to have the agreement put into writing.
2. Now verbal agreement though valid is very difficult to prove.
3. Moreover in absence of any agreement in writing it would be easily for the owner to prove that you are the licensee in the property and hence on cancellation of license you will be liable for eviction.
4. So force him to get some sort of agreement to make your stay legal . Otherwise if the owner files any suit your eviction from the property is a foregone conclusion.
1. Whose name the plot stands?
2. Is any agreement registered in your name for the floor which was allotted to you?
3. What has the acquaintance done with the balance floors?
4. Who pays the property tax and other outgoings?
5. Whose name the revenue and municipal records presently stand?
6. Let that acquaintance give you a written notice
7. He has to prove that the floor was given to you as tenant
9. You have to refute his allegations
10. If the plot is in your name and you have been all outgoings for the floor allotted to you and also have all government records issued at that address, then it will be very difficult for the acquaintance to make you vacate the place
In absence of any written agreement between the owner and your father is the major obstacle here.
And, do you have any evidence to show that the construction of the building was done by your father, mode of payment of raw material, contracter bill etc. to support your claim?
In absence of the above, it'll be very difficult for you to defend the eviction petition, if filed by the owner.
Sir it means there was never a collaboration agreement?? No rent agreement between the parties, but plz tell me on who’s name is the electricity meter registered of your floor ,
Sir if he claims that you are his tenant then the onus will be on him to prove your tenancy, however you are saying that you are the owner of the property as per the verbal settlement , so you will have to show something to prove your ownership like electricity bill , water bill etc must be on your name.
1) refuse to vacate
2) your father was owner of property
3) his friend only rebuilt the property after your father consent
4) you continue to be owner of the rebuilt property
5) let friend take legal proceedings if he so desires
Without any legal documents either for tenancy or the constructions completed by your father on his own expenses on the basis of an agreement to allow him to remain there etc., you will not be able to do anything on this.
You may get some clue if you happen to consult a prudent and expert advocate in the local by producing some documentary evidences in this regard.
This is my response to you:
1. Under whose name is the property wherein you are currently staying? Is it your Father?
2. Who is paying the necessary utilities regarding maintenance, electricity bill, gas-bill etc?
3. Do you have any written or oral evidence to prove that the acquaintance transferred or surrendered the property for your living purposes?
4. If the answers to above queries is yes then you have nothing to worry;
5. You will be a kind of ostensible owner of the property since you have been staying there for so long;
6. If he keeps troubling you, send him a legal notice;
7. If things come to worse, then you will have to file suit in the relevant court;
8. Till then collect all documentary, oral or any other kind of evidences that prove you are the owner of the flat.
You can claim by possession. Show all documents in which your permanent address is the disputed house.
Dear Sir,
In absence of any documents, it may be considered as day to day tenancy. If he files any case for possession/eviction or permanent injunction, court may pass the order for eviction and possession may be handed over to him.
The only thing you can do is to file a suit for declaration declaring your self as owner of the property based on the oral agreement as you have got the property constructed and alternative remedy is recovery of 19 lacs spent by your father on the construction. He must be having some documents relating to the expenses of the construction.
Regards,
Dear Client,
Your father can seek specific performance of verbal agreement. and get the half registry done in favor. If any communication proof in this regard than good, otherwise, inference that living in the house from long time, also proof of payment to build the house will support your case. that such deal was agreed by father an other party.
