• Removal of Petrol pump from My site

I am the owner of the Property where before my Ownership, a Petrol Pump was in operation. the Previous owner was the Dealer of Petrol Pump and used to run the Petrol pump. He was given the Dealership in the year 1992. Till 2001, The said petrol pump was operational but in 2001, due to dispute between the Dealer and Petroleum Company, supply of the Petroleum Products were stopped by the the Petroleum Company. The said petrol pump is in defunct position since 2001. 
the Dealership was governed by the Dealership agreement which was valid for 15 years from the date of Execution. in that case, Dealership agreement got expired in 2007. during the said tenure of 15 years, The Said land was never Leased out to the Petroleum Company. 

I came to the picture in 2013. I got the sale Deed Executed from the Land Owner (dealer) and now i am in possession of the Said Land. 

I was wondering whether the Petroleum Company can claim any rights on the Said Land and if yes, what steps i should take to protect my interest in the property.
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

1. The petroleum co. can claim ONLY IF the Title-Ownership or the Lease deed is still in force on records. Here neither of it is vested to the petroleum co. Hence there is nothing that the petroleum company can claim. As it is the limitation period of three years is also over for any claims.

2. Only things that need attention, is any outstanding dues or guarantee the original land owner might have given for petroleum business purposes

3. Issue a Legal Notice to the co., to remove any material that may be owned by them, within so-&-so days, failing which it will be disposed off. Check this with the original land lord.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

you should remove the structure without any intimation, because there is no agreement of lease between you.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dealership agreement has duly expired

2)the petroleum company cnnaot claim any rights in said land on expiry of agreement

3) there is no lease deed executed in favour of petroleum company

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hi, since th tenure has already expired , there is nothing that the company can claim ..Even if in the slightest way a claim arises , it cannot effect the title of your ownership over the property

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Increase petroleum companies has provided any equipment on this site they can pick their stuff from the site as the agreement expired in 2007 and land is transferred to third party you have nothing to do with the petroleum company as for you they are there stranger you can go ahead with your plans and in case they comes for any dispute definitely they have some sadaab papers to prove that.

When the petroleum supply agreement was for the period up to 2001 even the petroleum company has nothing to claim in this transection.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear Client,

It was just an agreement of 15 years to operate petrol pump, no ownership in land transferred.

Company has no claim.

For precaution, check agreement executed between owner and company, if any lock in period.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

The petroleum company was not the owner nor was the lessee of the property, hence the company cannot claim any right in the property including tenancy rights.

Any tenancy rights that would have to be claimed was by the dealer and not by the company

Moreover you have purchased the property by a registered sale deed hence your title is not in dispute, provided you were recommended to buy this property by your lawyer in his legal opinion.

.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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