I WOULD like you to publish and redirect this letter to those who are responsible for ensuring that our judicial system is not tampered with and to not allow the system to take away innocent people’s property for the sake of a few U.S. dollars or other foreign currencies. Here is my story. ‘Is there a Flaw in the Prescriptive Rights Rules/Rulings?’
My uncle Mr. Narine Persaud Man Mohan, a school teacher, musician, music teacher, Senior Master, JP and Commissioner of Oaths, now deceased had ‘Willed’ half of his house lot to me, which is situated on lot 174, Burnham Avenue, Rosignol Village, West Bank of Berbice.
He died on March 15, 2003. His Will was filed in court by his executor Mr. Boodram Bhagwandin of lot Two, Number Two Village Cotton Tree, West Bank Berbice, and attorney Mr. D. Gossai of New Amsterdam, Berbice. My uncle’s siblings challenged the Will. However, the Will was passed in court and half of the house lot was awarded to me on May 15, 2011, (107/04). Through the years 2003 to 2012, we paid the taxes for the said property by our executor Mr. Boodram Bhagwandin. I had erected a small building on one half of the property.
The true and original transport (registered on May 30, 1973 – 292/73) of the said parcel of land lot 174 is in EQUAL shares between my uncle Narine Persaud Man Mohan, school teacher and Miss Deokie Shivnarine, spinster and nurse.
For over 30-plus years, Miss Deokie ended the relationship with my uncle, left the country and never returned. She is now married and bears a title which is Deokie Nowrang. She is also called Chitra.
In 2009, Mrs. Deokie Nowrang came back to Guyana and filed for prescriptive rights (300/2009) for the said property and was awarded a full transport for the said parcel of land on lot 174 on April 16, 2010 (981/2010)
Here are my questions:
1. During the case between my uncle’s Will and his siblings, there was a ‘BLOCK’ on the property, so how could she be awarded prescriptive rights?
2. Mrs. Deokie Nowrang is fully aware she owns only half of the property.
3. Mrs. Deokie Nowrang never paid any rates for the land until recently when she flew into the country and filed the prescriptive rights action.
4. Mrs. Deokie Nowrang had never maintained, dwelt or lived on the property except for fencing it and I am to pay for half of the cost.
5. The transport states clearly ‘Equal’ shares.
6. Mrs. Deokie Nowrang had contacted me sometime in 2008 and 2009 with a proposal to either buy her half or to sell her my half.
7. Mrs. Deokie Nowrang was never legally married to my uncle. How can she claim that?
8. Is it not right that Mrs. Deokie Nowrang should inform her attorney about the transport being in equal shares?
9. Is it not right that the lawyer in his search for the history of the property inform his client that the transport is indeed in equal shares and that she is only entitled to half of it?
10. Is it not right that the lawyer inform his client that there is a Will in court for the said property which has been challenged by my uncle’s siblings?
11. Is it not right that in applying for a prescriptive right on a property that you must be paying the rates for about seven to 12 years without objection?
12. Is it not right that in applying for a prescriptive right on a property that you must occupy by living on the said property for about seven to 12 years with no issue?
13. Is it not right that a True, Statutory Declaration be made during an application for prescriptive rights on a property?
14. Is it not right that there must be satisfactory evidence before any proceedings?
This property is not a freehold parcel of land and I wonder if I am missing something here or there. There is truly ‘A Flaw in the Court System’ which allows such rulings in matters through counsel’s representation for people to covet one’s right to ownership.
My final question is, can this transport awarded to Mrs. Deokie Nowrang be withdrawn because of false statements?
Kindly respond as soon as possible as I am seeking other avenues for justice and to publish this story.