Dispute in Property share
Nitu Kapoor
(Querist) 19 April 2010
This query is : Resolved
Dear Expertise,
My meternal grand father died on 10th Nov. 2009. Now his successors are his two sons and one daughter (my mother). He has left his flat and his commercial place without will. Now after the ceromony of the 13th day my maternal uncels was forceing by means of threatning to my mother to leave her share in that property which she without her willingness has agreed to do so, then they took my mother in front of all the society members to say that she don’t want any share in her father’s property. They also took her signature on the stam paper to tranfer the flat share on their name.
Now we came to know from one of her friend and the member of that society that the share has been transferred to her brothers name and society has given that whole building for the redevlopment to a well known builder. Builder has signed memorandum of understanding with the society and the members of that society. Two month before builder has issued one advertisment in local news paper and one national news paper for any claim on that property which we didn’t came across that advertisment. Now that builder has given the project to get pass from BMC. These propert is in mumbai.
Now my querys are
1) Can my mother can still claim for her share in that property? If yes, How?
2) By any means can we still ask the builder to stop the process.
Also pls advice if you have samoting more to say other than my query
I will be very thankful and appricaite you if you provide any solution to this.
R.R. KRISHNAA
(Expert) 19 April 2010
Your mother should first give a complaint before the police that her signatures have been obtained under force and seek necessary action against your uncles. Parallely she also should file a suit for partition before the civil court and also seek injunction restraining the builders and your uncles from making any construction or dealing with the property. Your mother has to immediately file an application for interim injunction in the civil suit for restraining the builder and your uncles from handling the property.
In an nutshell, first lodge the police complaint and then issue a legal notice to the builder and to your uncles and then file the above said civil suit for partition and injunction and get an interim injunction order from the civil court immediately.
Nitu Kapoor
(Querist) 19 April 2010
Thanks a lot Mr. R.R.Krishnaa.
I will really appericiate if others will also share their views in the cited matter.
Raj Kumar Makkad
(Expert) 19 April 2010
Nothing remains to be added in the opinion of krishana
