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ankur tripathi (Asst Manager)     29 October 2012

Staying in a flat without registration..pls help

 

 

Dear All,

To Start with we had a 1rk house in a chawl in dahisar which was brought with my grand mothers money as my father was younger my grandmother took it on my uncles name who resides in matunga now. from 27years we have paid the rent to the landlord for which we have the receipts ( on uncles name ). after that the land lord decided to redevelop the land as he wanted to make a complex so he made a building on the same plot and alloted the flats to the tenents. At that time my uncle came to know about the plans and he had sent a legal notice to my landlord claiming his right for which there was no reply sent. 

                         The buliding was ready 4years ago and based on our possesion of the room in the chawl he gave us the possesion of the falt and told us to get the NOC of the uncle if we want the flat to be on our name. We spoke to uncle as he is staying in a house where my father has a claim which can be settled in a mutual way but he has smartly changed the name to his name with some fraud techniques for which i will be filing a case soon. We are staying in this property since 4.5 years now and just have one maintainace receipy bymistakely given by the builder on my uncles name for the initial 1st month.

                    Now the point is i want to get this property anyhow as i will be left with nothing. I dont know what exactly to do as the land lord and uncle both are non co-operative. Land lord is taking the maintainance in Balck from me and i dont know aht will happen after sometime. The only plus point i have is i have the possesion of the flat which i feel is illegal. I have Gas connection, voters id, telephone line on my name.

Please help me with three things.

Without settlement with uncle (which i have tried and have failed in vain ) what is the other way out in the above case?

If i File a law suit under what section should i file to get a positive outcome?

I dont want to pay the maintainance to the landlord can i pay the same in court ?


Please guide me i am in deep trouble and i dont see any ray of hope


Thanks and regards 

Ankur Tripathi 







 




 4 Replies

Advocate Vishnu (Advocate)     29 October 2012

Dear Ankur,

Your query is not very clear.

you say your grand mom bought a flat and that is in your uncle's name. If this statement is true then nothing can be done legally to obtsin a share in the property.

Secondly, you say your landlord is collecting maintenance and that you are interested in paying the same in court. why..?

ankur tripathi (Asst Manager)     02 November 2012

Dear Vishnu,

In 1982 my grandmother paid the money for the 1rk in chawl and suggested my uncles name as a owner as he was the elder son and in regards to the rent payment the same is collected in black for which there is no receipts provided hence i wanted a second option for the same.

ankur tripathi (Asst Manager)     02 November 2012

Anyone who can solve this complicated case

Adv Akhtar Ali Sheikh (Property Law Consultant)     09 November 2012

Do not the room. As it is in his name you do not have title except possession and law of limitation in your favour.

2 ndly you can offset your claim in the room occupied by him with the room you are staying details of which you have not given. 


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