Gina legal heirs can file suit to direct IOC and dealer to vacate land
2) seek orders that lease agreement is not valid as he was owner of 0.52 acres and has not signed any such agreement
3) engage a local lawyer
Guna purchased a land area of 0.52 acres and registered on 30-May-2000 The above-mentioned land was purchased from Mr Vijay , Govind and Raj , as Common 1/6 Share land (In common) in the area of 3.10 Acres. Gunasekaran has rights to 1/6 shares of the total area of 3.10 acres from dated 30th May 2000. I found out that there was a lease agreement between Vijay (Regd, General Power Agent of Govind, and Raj) and Indian Oil Corp (IOC) and it was registered on 21 Sep 2000 for the purpose of erecting petrol and /or High speed Diesel oil pump and Servicing and lubricating stations and for using the said land and premises as oil and/or petroleum depot for storage and use of oil petroleum and other products. The land mentioned in the lease agreement has a total area of 3.10 acres. As per the registered document at the Sub Registered Office dated 30th May 2000, Guna has rights to 1/6 shares (In common) of the total area of 3.10 acres. The land Mentioned in the Indian Oil Corp lease agreement and Guna's registered document are the Same. I have checked via RTI, There is no any lease agreement / any other agreement between Gunasekaran and the Indian Oil Corporation Ltd. In RTI, Indian Oil Corp says that the Rights of land are vested with the Dealer. As said above, IOC had registered an agreement for using the land between IOC and Vijay Mr. Guna passed away in Sep 2019. My Questions: 1. Will this lease agreement valid? - Nowhere mentioned Guna name in the lease agreement and Guna passed away in Sep 2019. 2. If the agreement is Not Valid, Can I ask IOC to vacate the Petrol pump? Note: This land is common for other landowners also. 3. If the agreement is Not Valid, Can I ask the dealer to vacate the Petrol pump? 4. How to proceed with Vijay who had done a lease agreement with IOC without Guna? 5. How to Proceed further without court like sending a letter of my own to vacate to IOC, Dealer and Vijay. I don’t want to compromise with Vijay or Dealer or IOC 6. How to Proceed further with a lawyer/ court?
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Gina legal heirs can file suit to direct IOC and dealer to vacate land
2) seek orders that lease agreement is not valid as he was owner of 0.52 acres and has not signed any such agreement
3) engage a local lawyer
Based on the information provided, here are answers to your questions regarding the dispute on the legal agreement with IOC:
Sorry I missed 2 points 1. Lease period for 30 Years 2. General Power Agent Registered in the Feb Month 2000 between Vijay and Govind, and Raj
Yes if agreement is not legal then you can. You need to send a notice and file a proceeding in civil court against him
1. The lease agreement entered between IOC and Vijay is valid to the etent of Vijay's share at the time of entering into the lease agreement, however it appears that Guna has not raise any objection or had claimed a share out of the rental amount all through his lifetime after purchasing the 1/6th common share in the property. However it cannot be said that the lease agreement is invalid.
2. Since Guna's share in the property has not been divided yet, the legal heirs of Guna can file a suit for partition and for separate possession of their share in the property. After that the legal heirs of deceased Guna can either continue the leas agreement by entering into a fresh lease agreement with IOC or can issue an eviction notice followed by an eviction suit.
3. The lease agreement is valid, however without identifying your share in the proeprty you cannot ask the IOC to vacate becasue there is a valid registered lease agreement and that too it is effective for over 23 years till this date.
4. Suit for partition, read the answer given in point 2 above.
5. You cannot solve the problem without involving legal steps.
6. You can proceed as suggested above
You were advised to file a suit for partition after issuing a notice for partition and separate possession of yor share in the property, if there is no possibility for an amicable partition then it would be better that you appraoch court instead of wasting time with the reluctant people
Sir/Madam,
It is suggested to read the lease agreement carefully becasue when Guna died, the lease deed might be enforeceable throguh his legal heirs/successors/assigns etc. If the same is not valid then you may proceed for cancellation of the said deed and vacation accordingly.
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I have read your issue but find that there are some facts which need to be clarified. You can approach on either nine two one two one two four five eight five or seven zero four two eight three three six eight six for personal approach.
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SPS Law Chambers
New Delhi.