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Rajesh H Buhecha (CSE.)     12 October 2009

What can be done in this case

 

To all the respected legal advisers,
Dear Sir / Madam
 
We are in possession of a property given to us by the landlord 32 years back (1976) to live without anything in writing on any legal papers.
 
The property was given to us against the selfless service of both my parents that is father & mother to the landlords for the periods of 18 years (1976 to 1994) without any consideration for the same for the entire period. (They are both illiterate)
 
The landlord died in April 1994 and left the entire property to a Trust. Till his grand-children are matured. The property was also attached by the department of central excise for nonpayment of certain duties
 
Today the children of the landlord are back to clear all the dues and probably to sell off the properties and go back abroad were they are settled down long back. And so wants us to vacate the premises.
 
Kindly advice what steps should we take to defend ourselves and protect our interest with regards to the place where we live. As we have nowhere else to go.
 
And how should we ask them to compensate if they agree to do so.
 
Because I am a small time carpenter (Edu: SSC only)
Have to support a family of 5 (consisting of myself, mother, wife and two children)
We have no savings; need to support education for both children.
 
We are situated at JVPD Mumbai. Where the land is a lease hold land taken by the 14 corporative societies for the period of 999 yrs of which hardly 50-60 yrs have gone by and the landlords are the share holders. 
 
 
Rajesh.
 
 


Learning

 3 Replies


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE PROPERTY MATTER KINDLY NOTE THAT

1.YOU HAVE POSSESSION OF THE PROPERTY FOR MORE THATN 34 YEARS IS YOUR PLUS POINT IN THE MATTER.YOU COLLECT ALL DOCUMENTS TO PROVE YOUR CONTINEOUS POSSESSION OF THE SAID PROPERTY FOR 34 YEARS. ELECTRICITY BILL, RATION CARD ELECTION CARD, DRIVING LICENCE TAXES PAID TO LOCAL AUTHORITIES LETTERS RECEIVED ON THE SAID ADDRESS YOU CAN USE TO PROVE YOUR CONTINEOUS POSSESSION OF THE SAID PROPERTY.

2.IN CASE YOU ARE FILING CIVIL SUIT FOR POSSESSION OF PROPERTY THEN HEAVY STAMP YOU HAVE TO PAY IN COURT.WHICH YOU CAN NOT AFFORD.

3.HENCE IT IS ADVISIBLE THAT YOU MAY FILE A CIVIL SUIT FOR INJUNCTION AGAINST THE LANDLORD AND IT WILL COST YOU LESS AND ALSO SERVE YOUR PURPOSE TO PREVENT THE LANDLORD FROM EVICTING YOU FROM THE PROPERTY.

IN CASE YOU NEED ANY FURTHER HELP YOU MAY SEND DETAILS OR CALL.

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.

REMYA SWAMINATHAN (EXE: SECRETARY)     21 October 2009

tell me what is the extent of property

nature of property

whether there is any building

is the building of permanent nature

Rajesh H Buhecha (CSE.)     22 October 2009

Dear Mr. Swaminathan,

Firstly I Thank you for your response Sir.

The property is on a plot divided in to Two parts, of which one part is apartment building

and the other is a Bungalow. Both having seprate entrances. 

The area occupied by us falls under the portion where in the bungalow is (a sort of OUT HOUSE). And we the same entrance that of the bungalow, and not the apartment building.

But at the same time some of the area occupied by us although practically being the part of the bungalow is actually physically the part of the building.( The stilt area of the building enclosed from the other side) Kindly refer the drawing attached to get a clear idea.

 


Attached File : 52 52 lay out drawing.doc downloaded: 97 times

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