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PoojaS (Manager)     12 June 2010

Pagri property sold - distribution rights

Dear All,

My grandfather lived in a pagri house till his death in 2005.He lived there with my youngest aunty(not married) and eldest aunty(widowed).Within a year of his death,there were talks of selling the place.Unfortunately 18 months after my grandfather died,my father passed away.

Soon after,my aunts sold the place,WITHOUT our approval or consent.They sold it to some developer of shopping mall(which was a lie...it is residential place as we recently found out).They received about 2.2 cr for it.My youngest aunt thereafter bought her a place for 1.5cr in Khar and then decided to divide the rest in four and called us as told us that we are due about 22lakhs approx.

As we were shocked that the property was sold without our consent and that we were getting only the minimum amount due,we asked for a few documents like will or any document that states that my youngest aunt has the right to do what she did.They claim that there was a will but never showed it.

We thought we will accept the amount and then fight for the remaining funds subsequently through the legal system.However, this was not to happen.

We are based out of india and it was very difficult to open an NRI account(as she insisted that they will give the cheque only once an account was opened),We managed to open an account with the help of some family friends and when we approached them(my elder aunts sons were also involved in this transaction),they claimed that they will not give us the money now since we were so skeptical to receive it initially.

After about 18 months of calling my younger aunt and my elder aunts sons and being promised the money soon, we cut all relations and put a case against them for the full amount and interest due.

In the meantime, my aunt has gone around telling all that she has given us the money and that we are begging for more....which angers me the most!

I would like to know if we have a right to fight over this money from the property?if we have good chances of winning?how long will it take?

we have sent her 3 notices and she has only acknowledged one but has not responded to any.

Could someone please shed light on my situation?

Kind regards,

PS



Learning

 3 Replies

bhagwat patil (Property due diligence 9422773303)     12 June 2010

You have every right to fight for the amount.but the question is how will u persue the the matter, as u u r far away.first u have to collect the papers and file a suit against the developer also. for paper u may appoint a liaisoning agency.afterward studing the matter go for legal action.u will get sucess.

PoojaS (Manager)     12 June 2010

Dear Mr. Patil,

Thank you for your feedback.

Kindly advise the reason we should send papers or prepare to sue the developers.

Also,we are based out of india but we have relatives in bombay who are pursuing the matter on our behalf.

My main concern is if we have chances of ever seeing that money or is it a waste of time.Legal is the only way that seems right at the moment.

Would you know how long this can take??

I would also appreciate if some one else could shed light on this(and sound as positive as Mr. Patil! :) )

Regards

Pooja

PoojaS (Manager)     12 June 2010

could you suggest the liasioning agency and also the charges that might be levied?


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