rajesh madhukar khedekar (Lesioning officer) 22 October 2012

2nd time posing my property matter.. plzz help me out

Respected SIR / MADAM,

kindly guide me with following family property matter.

DETAILS :- My Father died in 2009 without made any WILL.. i have 2 brother & 1 sister. my elder brother

settlewith his family. Remove his name from RATION CARD. & my sister name also remove his name from

ration card also due to she is married & settle also.

i am living on rent . In my father house my younger brother & his wife living with my mother. our house is

not registered legally in govt. it just life a PAGADI (NON CONVEYANCE) system,.Previously my father had

OWN name ration card , water connection bill , electric city bill.

My younger brother transfer RATION CARD( including my family names also) , ELECTRIC CITY BILL oh his

Own name without informed me & elder brother & sister also.. Its possible ? & he can also transer

( unregistered room) on his name with mother permission ? NOW. He is not allowed me in his room &

troubling me to add my younger son name in RATION CARD due to his school admission. i don't have any

flat Or documents on my name. if in future if i would like to shift his room with my family... so will i get problem ?? i became panic & so much in tension.

NOTE :- My FATHER MADE 'GENERAL POWER OF ATTORNY ON MY NAME ... but there is no used of this

legal document after the death of my father.

kindly, understand my problem... and give me best advice. i will be very thankfull to u.

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1 Replies

S Jadhav 98336 98330 (Jadhav & Associates) 22 October 2012

If there is a disput such as your and you feel that your right has been taken away by someone, you will have to approach the court if the issue is not resolved by talking between the parties. Hence you may have to go to court and please take help of a experienced advocate who will be able to guide you.

You have rightly realised that a Power of Attorney is not useful after the death of the person who gives the PoA.

I do not know where the property is located butassume that it is in Mumbai.

Earlier, prior to 1994, married daughters's share in parents' property was not considered but since 1994, a daughter and a son has equal ownership in the parents' property and the daughter (even if she is married) also has her share in ancestral property. So you had a share in the rights to thte property.

But as per the Rent laws in Mumbai, where tenancy rights are passed on to the next of kin who is/are staying with the tenant at the time of death. In your case, you may be staying somewhere else and hence your brother could get the names transferred on the ration card, electricity bill, etc.

You may be staying separately due to some issue but your name is in the same ration card with your brother. However, you can go and stay with your mother in the same house and if your brother does not allow you to stay there you may file a police complaint. Also, if he has removed your name from the ration card without your consent and knowledge you may fiel a complaint for the same too. If your case is genuine, the you will be helped by the organisations for women too.

My suggestion would be to approach a legal cell for women or the police station who will guide you.

S Jadhav