mdave 16 January 2018

Tenancy in disputed flat

The Situation:

Father passed away 10 years ago and mother passed away 2 years ago.

The flat is on 3 brothers name, lets call this flat as parents flat.

Two brothers have their own homes and live at different locations. Their documents like Aadhar and passport have locations to their own home respectively and not their parents flat.

The youngest brother lives in the parents flat with this family. Now the building has been brought by a private developer and is going to redevelop the building while following DCR 33(7) guidelines by MHADA.

The two brothers who dont live at parents have want to sell off the flats to the developer(developer is ready). The youngest brother doesnt want this to happen, he wants a flat of his own over there.

The Problem:

The two brothers don't mind redevelopment but the problem is, when redevelopment starts, MHADA will come to take the measurements and will prepare the tenant list. As the youngest brother wants the entire flat to himself, he wont let his other brothers know. Eventually the redeveloped flats will only be on his name as the youngest brother has his aadhaar card and other govt documents which can be used as identity/address proof registerd on the parents flat.

The two brothers don't have any address proof for their parents home, the only documents they have is Rent Receipt (latest one year) and the fact that they are in blood relation with the youngest brother.The electricity bill for the flat comes in the name of their mother.

To change the address on any govt document for the two brothers they need the signature/police verification at the parents place. The younger brother doesnt let that happen.

What are MHADA's rules regarding the tenant list, if what I have specified is correct how can the 2 brothers help themselves.

What can be done in this case to make sure the two brothers get equal share if they flat gets redeveloped. Is their a way in which the younger brother is forced to accept the deal by his elder brothers, since they are the majority ?

Thank you for all the help and your time. God bless you.

Reply Follow

2 Replies

R.Ramachandran (Advocate) 16 January 2018

From your post, it transpires that both your parents have not left any WILL.

Therefore, all his children (including the two brothers) are entitled to equal share from the said FLAT.

Just because the two brothers have their own Flat, and they do not have Aadhar Card in the Flat Address cannot be a reason to deny them their rightful share in the property left behind by the parents.

Therefore, if you apprehend that you may not get your share, then it is high time you approach a lawyer in your locality who is practising in property matters and file a suit for partition. That will take care of your interests.

Kishor Mehta (CEO) 16 January 2018

Legal notice has to be addressed to MHADA setting out the details, as all the heirs of the original tenant/owner have equal rights in the tenanted/ownership property.