Property in maharashtra
Ali Husain
(Querist) 21 October 2015
This query is : Resolved
I am a Muslim Indian male. My father had a leased Room (pagri system) in Mumbai and a house he built with his money on Govt land (Gaonthan) in Ratnagiri,Maharashtra. After his death, the same was transferred in my mother's name. Now is my mother, 75 yrs old, the owner or heir of the property? Do I have to take her permission to reside in the property? Can I use the property without consent of other heirs? What if she is not staying with me or does not want to stay with me? Can she claim maintenance as per the new Act 2007?
P. Venu
(Expert) 22 October 2015
Please inform us of the circumstances that gives rise to the queries.
Ali Husain
(Querist) 22 October 2015
My mother raised us since she was widowed at the age of 32. While we 3 brothers & 1 sister were still non-adults, the room & house was transferred in her name. She was never happy with me due to my and my wife's behavior. She prefers to stay at other brother's house and is reluctant to come to me. According to her she feels tortured with me. But now, I want to start a business at village and have not taken concurrence of either mother or other heirs for my residence. They have objected to this for not taking them into confidence. I have installed a 15 ft antennae for which they have complained to Gram Panchayat too. Now as per Govt Act for Senior Citizen's Protection 2007, they are planning to approach the Police and State Tribunal. Can she ask for maintenance even though I am asking her to stay with me whilst she does not want to stay?
P. Venu
(Expert) 23 October 2015
"After his death, the same was transferred in my mother's name." How did this transfer take place?
Ali Husain
(Querist) 23 October 2015
The Mumbai Room was on Pagri System. The Landlord had disappeared. The Ratnagiri House Tax Receipt was on father's name at that time. So on the basis of Death Certificate, the Electricity Bill of Both houses was transferred on mother's name. Ration Card of Father at Mumbai and House Tax Receipt at Ratnagiri was similarly transferred. At that time children / sons were not adults. Father had not left any substantial movable property / funds. The same exhausted in 3-4 years after his death in 1974. Mother worked as a housemaid, fishseller, etc and brought us up. Just because of these documents, just she become the rightful owner and can she make a will disowning me?
ABDUL RAZIQUE
(Expert) 23 October 2015
perhaps you are disobedient and dishonest child of your parents so she disowning you.
if your mother is absolute owner of said property and you want to stay there without her consent you may be an accuse of trespassers. your mother has right to file a maintenance case against you and you are bound to pay the amount of her daily life legal expenses.
K.S.Srinivas
(Expert) 23 October 2015
Go through www.shareyouressays.com/117457/13-general-principles-of-inheritance-under-muslim-law-in-india for required information.
P. Venu
(Expert) 23 October 2015
It is only that mother's name has been entered in some public records. That does not the mother the absolute holder of title to the property; the property vests jointly with all the legal heirs i.e. the mother and all the children.
Having said that, you are liable to take care of your aged and widowed mother and also you have no right to annoy your siblings.
Ali Husain
(Querist) 23 October 2015
She also thinks that I am dishonest. But she might have been brainwashed by other brothers. Just because House Tax Receipt, Electricity Bill & Village Community Tax Receipt of Ratnagiri House and Electricity Bill, Mumbai House Committee Receipt & Ration Card of Mumbai House is in the name of mother, just she become the Absolute Owner or one of the heirs?
Ali Husain
(Querist) 23 October 2015
She does not want to stay with me. So can she approach the Court / State Tribunal for the maintenance? What is the minimum or maximum maintenance she can claim if she is in Mumbai?
Rajendra K Goyal
(Expert) 29 October 2015
If she approach for maintenance, bring facts before the court regarding property.
Quantum of maintenance depend on many factors.
Ali Husain
(Querist) 29 October 2015
Does the Police have the right to remove the said antenna if the heirs complain? Is permission required from other authorities too?
