Complications with tenancy
5 years ago
We have been living (Rajasthan) in a house which belongs to a Temple trust. My great grand father lived and since then their descendants (we) have been living, currently my parents are living (I do a job so I live away from my home town). At time of my great grand father, there were more tenants, and few of the rooms belonged to those tenants. Gradually they all moved out, but descendants of those tenants still claim their right on those rooms. As such there is no legal rental agreement or something (basically we do not have any paper to tell that we are the tenants, its all kind of verbal, and temple trust people knows that we are the tenants), but since many years my father has been paying the rent and before him my grand father used to pay. Now, one of the descendants of those tenants have now came and saying that I will start a business in one of the rooms. Unfortunately my father never argued that this doesn't belong to them, what my father has told them is that they cannot run a business because we all are tenants. Now, our problem is this - if we go to the temple trust saying that he is trying to run a business then they will certainly make an issue out of it and they will try their best to throw us out of the house because since they a long time they have been trying to throw us out. And if we do not go to the temple trust and he runs his business then once temple trust comes to know about it, they will file a case against us that how we (as tenants) can give room on rent to someone else to run a business and using that argument then will try their best to throw us out. Really confused on what is the best thing to do in such a situation! If someone suggest that we should send a legal notice or file a case against that person then my concern is that my father is bit hesitant in taking this matter to court, I know I can easily do that but I live outside so preferably I would like to avoid such a situation. But I know that if need be then I will handle it and I will drag the person in the court, but at this point what I want to know is - (1.) what is best way to handle this situation? (2.) if we take any legal action against that person then on what grounds he can file a counter case against us? Do he have any, in any way, a case against us? (3.) should we proactively take legal action against him or should we just allow him to run his business and take a wait-and-watch strategy.
Please contact with local advocate who is well versed with local laws.
Himanshu Agrawal
Replied 5 years ago
Thank you for your response.
Shreyash Mohta
Responded 5 years ago
However, you need an opinion by which you don't need to go to the court and neither can the other person run his business.
Why don't you sir, write a letter to the temple authorities, stating that
You are tenants of such temple trust since such and such time and as responsible tenants are informing the temple trust about the incidents of the business which should not take place, and that this letter is written in the interest of both the parties so that non of them have to face any problems due to such business issues.
Sir, it will solve two of your major problems
1. If they reply to your letter [you will have a documentary proof to show that you are valid tenants or else the temple authorities would not accept the same]
2. As responsible tenants you did your duty to inform the temple trust about the happenings which will harm the trust property.
Hope this helped
Thanks
Shreyash Mohta
Himanshu Agrawal
Replied 5 years ago
Thank you for your response. But letter doesn't have any legal significance, right? So should I send a notice to temple trust, but sending notice to temple trust sounds offensive to me, I do not want to unnecessary annoy temple trust people. Should I send a notice to the person who is trying to run the business, if I do that then in what case he can file a counter case against us? I want to understand what are the possibilities under which that person can take counter actions against us.
Shreyash Mohta
Replied 5 years ago
Sir, by sending a letter you will have documentary evidence to show that you have informed the temple authorities. As this will be a normal information which you need to tell the temple trust to look into it will be sent by way of a letter. A legal notice is directory in nature, whereas a letter is informative.
Neither you nor any body has the right to run business in the trust property.
Best option for you would be sort it out amicably.
Shanti Ranjan Behera
Advocate
Himanshu Agrawal
Replied 5 years ago
Thank you for your response. We are not trying to run the business, it is those people who are forcefully trying to run the business. We are looking for best way to handle this. How you do think it can be sorted out amicably, it looks difficult to me because that person will not agree on not to run the business.
Rameshwar Dadhe
Responded 5 years ago
Himanshu Agrawal
Replied 5 years ago
Thank you for your response. That is a far option, I do not prefer it because I do not want to unnecessarily bother the temple trust people. All I want is a solution where-in we can stop that person from running the business.
Rameshwar Dadhe
Replied 5 years ago
If it is registered trust then go to the charity department and make complaint against them immediately
Sale deed mentions that roof has ownership to owner(builder) not flat owner
Property Transfer
Gift deed
Govt drainage department not playing my bill last 2 years
Name variation on different documents
