Possession issue in property reconstructed by mhada

Shrikant (Querist) 23 May 2014 This query is : Resolved
Hi, I need expert opinion on following situation arrived to my Jijaji

He was staying in lalbaug of Mumbai which is taken over by MHADA under Maharashtra Building Repairs & Reconstruction Board (MBR&RB) and developed by private builder

Original room agreement was on my jijaji’s father and jijaji’s name

But after death of my jijaji’s father (2 years back), jijaji’s elder brother has managed builder to include his name by showcasing notary will (not registered) of my jijaaji’s father stating 50-50 ownership of both brothers on all his belongings

My jijaji’s brother is staying in his own house in other suburb of Mumbai from last 15 years

Last week builder has given possession (keys with possession letter) to all owners but refused to give keys to my Jijaji

Builder is saying that, as per MHADA rule, without presence of jijaji’s elder brother he won’t give keys

Whereas, in spite of many request, Jijaji’s brother is not coming forward to take possession and forcing my jijaji to sell flat and give him 50% amount

Now situation is that, my jijaji don’t want to sell flat because it will be very difficult for him to buy another flat in the 50% money and since Jijaji’s brother is not coming forward builder is not issuing keys (not even 1 set of keys)

My jijaji is currently staying in rented house which he has to vacant in next 3 days

1) Please help me out with your suggestion that how we can get possession?
2) Is it really a MHADA rule that all co-owners should be present to get keys?
3) If yes then what is solution to get possession?
Please help!

Follow Query

Report Abuse

ajay sethi (Expert) 23 May 2014
on death of father jijaji elder brother is one of legal heirs to the said flat . since as per will father had bequeathed his share to eldest son he is 50%owner of the property .

the builder is correct in refusing to hand over keys only to your jijai as his brother is a co owner in said flat .

Rajendra K Goyal (Expert) 23 May 2014
If the father of your jija deceased with out any will all the legal heirs including his elder brother has share in the property.

If any will existed, his share in property would be handed over as per will.

MHADA rightly asked presence of both the owners for handing over of the keys.

Shrikant (Querist) 23 May 2014
Thanks for your opinion,
the problem is elder brother is forcing to sell property and hence not coming to take possession, and my jijaji don't want to sell property and offering him to stay along with him,
still elder brother is refusing and stucking their possession.
is their any way by which we can get possession without his presence?

Anand Bali Adv. (Expert) 24 May 2014
Dear Client,
You have to move for the suit for partition and possession either relying on the Will or Challenging it in the court. It is advised to challenge the Will and demand it's probation from the court. By this only two things will happen either the Will will be proved or not in both the conditions the property will be declared half for your possession and ownership.
Meet a good local Advocate of this field to get you through all this.
As per the MHADA rules the property's possession will be returned to the same person from whom it has been taken.