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adv nishant (Advocate)     20 December 2008

Property Dispute advice please

Dear every1..

I am writting with a lot of hope..i hope some bright minds from the legal faternity would surely reply back and give some suggestions...

My father died in the year 1991 leaving behind me(a 5 yr old son),my mother and my elder sister(who was 10yrs old back then)...my father had a house in a co-operative hsg society in mumbai in his name..as there was no nominee..so after my fathers death in the year 1991 a appendix 3c was submitted by my mother to the society requesting them to transfer the property in her name..

and for the past 17 years the house has been kept locked as we all live in New Delhi and my grandfather does not let anyone of us go and as he has the keys and all the orignal papers of the house..and as indian joint families are we did not have the courage to disobey him..but in the year 2007 we were informed by the society that the said property is jointly held by my mother and my grandfather..and when the appendix 3c was submitted to the society there was a clause in it which said "as there is no (the NO is then crossed with pen) one more heir Mr (my grandfathers name) who is related as father of the deceased to Mr (my father),his name may also be enroled as Joint name to the membership."

it is this clause made my grandfather the joint member..and we were really shocked when we were told about this in the year 2007 by the society as for the past 17 years it my mother who has been sending all the maintaince charges and all other expenses for the flat..and my granddfather has never spent a single rupee on it..and now when i confronted him 1st he said that as the furniture was mine that is why my name was added as a joint owner,then he changed his statement and said that as he had paid the black money (cash money) for buying the flat that is why he is a joint owner and now he claims that as the owner was his son (my father) hence that is why he is a joint owner..

presently my mother is suffering from a terminal illness and has not much time to live in this beautifull and not so beautifull world..the last and only wish that she has is to have her property back to her name.. i therefore request each knowledgeable member of this forum to reply back to my query as soon as possible before its too late..thanking you..

 

the property was bought by my father from his own money and we are hindu's as i belive religion is required for such cases..

 

i hope some one would reply soon..thanks..



Learning

 13 Replies

Trilok Nath Saxena (Lawyer)     20 December 2008

Dear Brother,


As per the provisions of Hindu Succession Act,1955 the devolution of the property of a male hindu after his death shall be amongst class-1 heirs and Deceased's father i.e. your grand father has no right in the property.


You may file civil suit for declaration in the civil court under territorial jurisdiction the property in question situtates.


Yours


TNSaxena


81,Lawyers Chamber


Supreme Court of India


New Delhi

adv nishant (Advocate)     21 December 2008

thank you Mr Saxena,your advise is really appreciated...is there anyone else who wants to express his/her views or give adivce on my case..thanks..

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     21 December 2008

Although I do agree with Mr. Saxena, but before giving any further opinion I want to see all the documents above mentioned. U can contavt me at:-rakhibudhiraja@gmail.com


Mb.-09871158578/09711364956


Off>-253, Aggarwal Shopping Complex, CD-Block, Pitampura, Delhi-88


Landmark-Behind Pitampura Powerhouse

Ajay kumar singh (Advocate)     21 December 2008

Mr.Saxena has rightly opined you. Please act as directed by him.

sanjeev murthy desai (Advocate)     21 December 2008

I agree with Mr. Saxena.


 


 

Manish Singh (Advocate)     22 December 2008

in what capacity and with which document the annexure was attached?


look through whether your father has signed at the place where"no" has been crossed.


if no then your grandfather shall have no share in the property.

1 Like

adv nishant (Advocate)     23 December 2008

respected sir's and mam,


first of all thank you very very much for your replies...


the annexure was attached with the orignal share certificate of the society for transfering the flat  to my mothers name..the annexure is mainly a declaration which is made by my mother to the society to transfer the flat to her name after my fathers name...no the share certificate has 2 names one my mothers name..and secondly my grandfathers name..


 


and the annexxure has been signed by my mother as it was made after my fathers death..n as for signing where the no has been crossed..no there is no signature..but all has been typed so it can be classified as being a typing mistake..


 


so what i really want to know is that what should i do to get my house back ... nad what kind of case should i file..and most importantly please let me know that would my mother need to go 4 hearing at the court..and what kind of expenditure should i be prepared for??/

Anil Agrawal (Retired)     23 December 2008

 Your society is a cheat or dumb fools. Without succession certificate and in the absence of proper nomination, it has no authority to transfer the flat of an intestate member to anybody whether son, daughter, mother or whosoever it might be.

sanjeev murthy desai (Advocate)     24 December 2008

I agree with Mr. Anil Agrawal, and you have two options first one cheating case against society and your grand father you can also file a declaratation suit against your grand father.


Absolutely, your mother should be appear on every hearing date.


there is only professional fee and court fee and other misc expenses, not worry about these expenses


sanjeev desai

1 Like

Rajesh Kumar (Advocate)     24 December 2008

It is very clear that your grandfather has no right in the property. Even if he is shown as a joint owner, he cannot stop you from enjoying the property.


Ask from the society as on what basis they have put in the name of your grandfather as joint owner. They are required to answer your question as per the coopertative housing society rules and regulations. If they refuse, file a suit, jointly by all heirs, for declaration that you are the owners of the flat- and make your grandfather and cooperative society defendendants. This should solve the issue.

adv nishant (Advocate)     24 December 2008

Firstly i would like to thank each one of you..be it mr saxena,rakhi budhiraja,Mr Ajay kumar singh,Mr sanjeev desai,Mr manish singh,Mr Anil aggarwal or Mr Rajesh kumar...i am really very very thankfull and greatfull to each one of you for taking some time out from your busy schedule's and  replying back to my query THANKYOU ..


 


secondly Mr desai as pointed by you there are 2 options i request each one of you to please let me know that which path is the best and which one would be the short route to justice??


 


and as i have mentioned above my mother is suffering from a terminal illness and presently her neurological disease is progressing on her upper body and she has started to have upper limbs paralysis..soon her legs would get weak aswell..and presently she can not eat normally hence she normally takes 3 hours for each meal..  so for her to travel to the court may be a hardship though she can go if need be... please let me know that is there any speedy justice available to people with terminal illness?? because with in the next 1 year or so..my mother would need to have a permanent food pipe to be installed to feed her and a non invasive ventilator would be attached to her for breathing ..so i belive she may not be able to travel at all then...


 


Mr Rajesh kumar as pointed by you that as my grandfather is justa joint owner he can not stop us from enjoying the rights of being owner..but actually in a joint family things are very diffrent..for 10 long years my mother was subjected to various tourtures..and hence there is so much fear of them in my mothers mind that until and unless his name is removed from the ownership my mother wont have her peace of mind..


 


Can any one please please forward some lawyers details who practises in MUMBAI??and who is not very costly as i dont think i need to say anything else after telling all this..and can anyone provide a rough estimate on what is the kind of money that a lawyer charges ??as all of you are in the business and know about it alot??i just want to know so that we should be mentally be prepared for a certain amount of money that may be required to be spent...


 


I hope each one of  you always be such kind and help others like me who are in need of your advices...once again I THANK each one of you for helping me in trying to resolve my query and being soo kind..THANKS..Nishant Bahal.

Rajesh Kumar (Advocate)     24 December 2008

Contact Ms. Deepti Panda on 9892079219. She will be able to help you.

sanjeev murthy desai (Advocate)     30 December 2008

Dear Nishanth,


Your mom not able to present the Court, she can execute power of Attorney in favour of any  other person to follow the court proceedings.


all the best,


sanjeev desai


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