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DEVEN SHAH   19 May 2024

Can paaa agreement be registered only by a co-owner as an occupier excluding the first name holder ?

My parents owned a flat in Housing Society in Mumbai Suburbs. Although I am the first owner , my younger brother who is a joint owner entered into PAAA agreement on Feb 2021 as an occupier. Can I stop allotment of new flat after redevelopment gets over ? What is the legal process to get allotment in my name ( first owner) . Please advice


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 7 Replies

Dr. J C Vashista (Advocate )     19 May 2024

Whether the property is in the name of your parents or you, is made confusing in the post.

opinion / answer shall differ in both circumstances.

DEVEN SHAH   19 May 2024

Thanks Adv Dr Vasistha,

My Apology for the confusion. I edited the draft but it appears that modifed text is not updated. To clarify, I would like to state that both scenarios are true. There are two properties in the same building. One Flat ( 450 Sqft) in the name of deceased parents and one room ( 180Sqft ) jointly owned by myself as first owner and my younger brother as another owner. Since my younger brother was occupying both properites at the time of Redevelopment, both DA and PAAA registrataion has been done without my knowledge in Dec 2019 and Feb 2021 respectively in his name appearing as an OCCUPIER. Upon knowledge of this act, i had sent legal notice and in response he admitted that though there are three legal heirs including him , he owns both the properties as per verbal agreement. It is false and fabricated claim propagated by him (immediately after the death of my Mother ) as there is no such verbal ( or written)  agreement what so ever. Now Building is in the final stages of Completion and I need to know legal remedies to secure my rights in both properties. Kindly advise and oblige.

I hope it clarifies.

Thanks again


Attached File : 1046529 20240519213001 deven shah da paaa issue.zip downloaded: 8 times

T. Kalaiselvan, Advocate (Advocate)     19 May 2024

You file a suit for partition and possession of your share in the redeveloped property and also obtain a stay order against the developer from allotting the redeveloped property to your brother until the pending civil suit before court is disposed.

You can implead the builder as another defendant along with your brother in the suit

DEVEN SHAH   19 May 2024

Thnaks for your advice Adv Mr. T Kalaiselvan . Do you need to file one suit for Partition for FLAT and another for possession of my share for the room ? How long will it take to obtain a stay order against developer from allocating the redeveloped property to my brother ? What is the significance and tenacity of PAAA ? Most imooratnt how muchit would cost to file such suits ? ( I do not have much resources - time and money ) . is there any other remedy  ( eg arbitration or filing a case in Co-operative society etc ) to quicken up the process and achieve the desireable stay at lower cost and lesser time ? Sorry for asking far too many questions .

 

T. Kalaiselvan, Advocate (Advocate)     20 May 2024

You can file a single suit for partition seeking partition in both the properties and the relief of separate share in both the properties. 

You cannot seek this relief of partition in a cooperative society or any other forum other than court of law.

Time taken for granting you temproary relief will be very short time, i,e, the court will first dispose the applicaiton filed for temporary relief first and then ti will move to the main suit.

If you cannot afford for the litigation expenses then nyou may appraoch the district legal services authority for free legal aid. 

If you want the relief thorough legal sources then you may have to endure the difficulties you are made to face.

There is no provision for invioking any arbitration clause beacause this is a suit you are filing for the relief of staking your rights and not any other matter

DEVEN SHAH   20 May 2024

Thanks for your elaborative reply addressing my concerns and queries. I am obliged.

Warm Regards

T. Kalaiselvan, Advocate (Advocate)     20 May 2024

You are welcome for your appreciations and understanding.

You may proceed as suggested with the assistance of a local lawyer.


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