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Anamika (Proprietor)     27 January 2015

Can we claim our right in paghadi system ??

Our  family - grandparents, father , 2uncle ,1aunt lived in paghadi system flat in mumbai ie as tenants for many years.  The tenancy was in name of my grandfather.. Even after grandparents expired tenancy was in our grandfathers name till 2010 .Our father and uncle after marriage moved into a new house in 1980. Our Fathers younger brother and his family stays in this flat. In 2011 the landlord sold out the building to another person who Sold out this to a builder who is now our current landlord.. They pay rent to this new builder. According to our uncle this building is going for redevelopment so he asked our father n another uncle to give an noc for redevelopment. Both my uncle blindly trusted him and went to small causes court and signed this particular document. Since our father n uncle have expired we do not know exact details whether they have relinquished rights or just given an noc or have transfered the tenancy from grandfathers name to younger uncles name. All what our father had told us that "this building is going for redevelopement so the builders needs an noc from all legal heirs so we all heirs have to sign the document"... This has still not gone for re development due to some disputes with other 10 tenants.  In this situation can we claim any right in this paghadi flat as we too are heir of our late grandfather..??? And how do I find out what document have our father n uncle signed and registered in small cause court.  



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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     29 January 2015

The papers signed by your father in favor of your uncle is to be seen for rendering proper opinion/advise to this issue. Being a legal heir of your father along with other children and your mother, combined, can claim a share in the redeveloped property, however, it is be seen if your father had relinquished his rights and declared the same before the court in favor your uncle, please consult a local lawyer and proceed as per his further advise.

Anamika (Proprietor)     30 January 2015

Thanks for the reply . Kindly advice how can I get the paper / documents/ notarised affidavit??  Which office to approach.


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