Preliminary Draft for Discussion L&L Partners Law Offices

Attorney – Client Privileged ___ July 2021

[On Letterhead of L&L Partners]

THROUGH COURIER & E-MAIL

July [insert date], 2021

To,
Mrs. Gita Singh,
W/o Mr. B.K. Singh,
R/o 1st floor, Property No. 223
Kailash Hills
New Delhi, Delhi – 110065
Mob: __________________

Subject: Legal Notice

WITHOUT PREJUDICE
Dear Sir,

Under instructions from and on behalf of Our Client, Mrs. Renu Singh, wife of Mr. N.K.
Singh, resident of ________________________________________________, the following
legal notice is being served on you for your compliance: -

1. That Our Client had purchased the First Floor of the Property bearing no. 223,
situated in Kailash Hills, New Delhi, Delhi – 110065, (for the brevity “Property”), in
joint ownership with you addressee, vide the Sell and Purchase Agreement dated
23.02.1994.

2. That all the rights, interest, liens and titles in the Property was sold, transferred and
conveyed through the aforesaid agreement in a joint ownership to Our Client and you
addressee for a mutually agreed consideration of Rs. 5,00,000/- (Rupees Five Lakhs)
with the seller of Property. The relevant clauses from the Sell and Purchase
Agreement dated 23.02.1994, which validates the joint ownership of Our Client and
you addressee in the property are reproduced as follows:

“ AND WHEREAS the First Party has agreed to sell, transfer and convey
their rights, interest, liens and titles in the Entire First Floor and One Servant
Quarter on with a common bath on the terrace and facility to use common
passage for approach, staircase, etc. and proportionate land beneath for the
same (hereinafter collectively referred to as Demised Portion) of the said
property unto the Second Party for a total consideration of Rs.

AND WHEREAS the Second Party has agreed to purchase the demised
portion from First on the following agreed terms and conditions of this
Agreement”

In order to ascertain that the said Agreement to Sell and Purchase was made for
selling the Property in joint ownership to Our Client and you addressee, it is pertinent
for you to note that the word “Second Party” mentioned in the aforesaid clauses of the
agreement was used in reference to Our Client and you addressee. Through this

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Preliminary Draft for Discussion L&L Partners Law Offices
Attorney – Client Privileged ___ July 2021

Agreement, Our Client and you addressee has been given exclusive co-ownership
rights and vacant physical possession over the Property and easement rights attached
thereto.

3. That the Sell and Purchase Agreement dated 23.02.1994 was duly signed, attested and
executed by the Parties of the Agreement, thereby making Our Client and you
addressee, the sole co-owners of the Property since the date of its execution. Further,
the Receipt dated 23.02.1994 for the sum of Rs. 5,00,000/- (Rupees Five Lakhs) was
issued by the Sellers of the Property duly acknowledging the recipience of
consideration amount for the selling of Property from Our Client and you addressee.
The said receipt is a confirmation of the completion of all the proceedings pertaining
to the sale and purchase of Property. It is also pertinent for you to note that the said
sum of Rs. 5,00,000/- was wholly paid by the husband of Our Client in the name of
her and you addressee. The draft for payment was made for an amount of Rs 2,50,000
(Rupees Two Lakh Fifty Thousand) each in the names of Our Client and you
addressee respectively, thereby summing up to the total of Rs. 5,00,000/- for the
purchase of Property. The husband of Our Client came to aid for you addressee to
purchase this Property co-jointly due to the relation that the family of both the co-
owners share with each other. Despite the full payment of the amount for the purchase
of Property by Our Client’s husband, Our Client and her family had no objection in
becoming the joint owner of the Property with you addressee. Henceforth, the
possession of the Property was given to Our Client and you addressee vide the
Possession letter dated 23.02.1994.

4. That the Property was purchased in joint ownership by Our Client and you addressee
on 23.02.1994. From the year of purchase to June 2014, Our Client was in long
peaceful possession of the Property. In these 17 years of possession, Our Client had
never restrained or prohibited you addressee to exercise the rights vested upon you for
being the co-owner of Property. However, you addressee has infringed the sanctity of
co-ownership rights vested upon Our Client by your mala fide actions. The same are
enunciated as follows:

a. In June 2014, Our Client’s mother-in-law expired at Jamshedpur in Tata

Main Hospital. As per the deceased’s wish, Our Client along with her
husband and children went to Bihar to perform her last rites.
b. You addressee and your family did not come to her final rites on the
pretext of taking care of the Property in Our Client’s absence. However,
when Our Client returned from Bihar with her family, you addressee didn’t
allow her and her family to enter into the property and had shifted all your
belonging in the house and changed the lock to the door with all the
belongings of Our Client’s seized inside it.
c. You addressee has also called your brother, who threatened Our Client that
if they try to enter into the Property, he will destroy her and her family.
Out of fear, Our Client was forced to stay on rent in Delhi post June 2014.
Since then, you addressee and your family are solely living in the Property,
which is also co-owned by Our Client. The act of restraining Our Client to
enter and enjoy the fruits of her co-ownership over the Property is
whimsical and unwarranted in law.

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5. That it is pertinent for you to note that the ownership of property imports three
essential rights, namely, Right to Possession, Right to Enjoy, and Right to Dispose. If
an owner is wrongly deprived of possession of his property, he/she has a right to be
put in possession thereof. All the three essentials are satisfied in the case of co-
owner of a property/land. All co-owners have equal rights and co-ordinate interest in
the property though their shares may be either fixed or indeterminate. Every co-
owner has a right to enjoyment and possession equal to that of the other co-
owner and co-owners. Each co-owner has, in theory, interest in every infinite small
portion of the subject matter and each has the right irrespective of the quantity of his
interest, to be in possession of every part and parcel of the property jointly with
others. By prohibiting Our Client from entering the Property of which she is a co-
owner, you addressee is infringing her right to possession and right to enjoyment over
her jointly owned Property.

6. That it is bring to your kind notice that the passage of time does not extinguish the
right of the co-owner who has been out of possession of the joint property except in
the event of ouster or abandonment, which is not the case in the instant matter. The
time for which Our Client and her family weren’t in possession of the property
doesn’t preclude her from claiming her possession back being the co-owner of
Property. There was also no ouster or abandonment of property as Our Client left the
Property for few days with her family to perform the last rites of her mother-in-law
and the same was in knowledge of you addressee. They ought to come back for living
after the completion of same. Therefore, you addressee cannot disregard the rights of
Our Client over the Property due to their absence from it for such a short period of
time.

7. That to regain the rightful possession over the property, Our Client has tried to reach
an amicable settlement with you addressee on several occasions but all of them went
in vain. Numerous meetings were held on the request of Our Client to resolve the
dispute, but, in each meeting, you addressee has put arbitrary, irrational and
illegitimate demands and proposals which kept on changing at each meeting. On one
such occasion, you addressee asked Our Client to pay the 50% of the current market
value of the Property, whereas on the other, a baseless and unjustifiable compensation
amounting to Rs. 30 to 40 Lakhs has been demanded for giving the entire possession
of the Property to Our Client. The aforesaid illicit demands are malafide and bad in
law. For the last 7 years, Our Client have been prevented from enjoying the
possession over the property, which was the residence of Our Client for long 17 years
since its purchase. It has made Our Client suffer irreparable loss and legal injury.
Therefore, the afore-narrated misdeed & misconduct of you addressee is detrimental
& prejudicial to the rights, contentions & interests of Our Client. Hence, the instant
notice.

8. That, in the light of aforementioned facts and circumstances narrated hereby, Our
Client is legally justified to demand the following reliefs from you addressee
forthwith and without any kind of delay and laches –

a. Firstly, to either give 50 % possession of the Property to Our Client or pay 50 %

of the current market value of the Property to them.
b. Secondly, to compensate for the monetary loss suffered by Our Client for residing
in a rented house for last 7 years.

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Attorney – Client Privileged ___ July 2021

9. That, in case, no quick and effective action is taken from your side, Our Client will be
bound to avail any of the following remedies available to them under law for such a
situation:

a. A suit for “Declaration of Joint-Possession” before the Civil Court competent to

take cognizance of aforementioned matter in order to enforce the rights of Our
Client;
b. A suit for “Partition” before the Civil Court competent to take cognizance of
aforementioned matter in order to enforce the rights of Our Client;
c. A suit for “Declaration of Rights, Damages and Account of Profits” before the
Civil Court competent to take cognizance of aforementioned matter in order to
enforce the rights of Our Client.

That, in case if Our Client avail any of the abovementioned remedies available to them under
law, all the responsibilities for the expenses incurred by Our Client in the institution of the
abovementioned lawsuits shall be at your side and Our Client will be able to recover them
from you only.

So, impart your serious consideration to the grievances of Our Client resulting in redressal of
their grievances. Seeking a quick and justifiable action from your side. Please send a reply
to this notice within 15 days of its receipt to the address of my clients mentioned above
(Para1).

A copy of this communication is retained at our office for further reference and future action.

Yours sincerely,

_______________
L& L Partners
Law Offices

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