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Ankita ( )     30 April 2010

Property Dispute

We have a flat in a registered co-operative housing society in Mumbai which has been in the possession of my husband's brother for the last 28 years (right from the day the flat was bought) as we were staying outside Mumbai for business purpose. Now we want the property back and the brother is refusing the same.

- How can I get back the possession of my property?

- If I go for legal remedy which court should I approach?

- Also I have heard that it takes years to settle property dispute cases - can somebody guide me as to how much time it might take, and is there any process to expedite the justice.

 

Thanks

Ankita



Learning

 7 Replies

Dhanashree (Lawyer)     30 April 2010

In who`s name was it registered?

Ankita ( )     30 April 2010

The property is registered in my husband's name. Thanks

purusottam (advocate)     30 April 2010

Do u want to adopt might is right approach?

purusottam (advocate)     30 April 2010

If not, then go for declaratory suit & then ask for recovery of possession since the possession was a permissive one.

Ankita ( )     30 April 2010

Thanks Sir for the prompt response. Could not comprehend your advise saying "Do u want to adopt might is right approach?". If I go for "declaratory suit and recovery of possession" how do I prove that the possession was a permissive one. Won't the current occupants claim an adverse possession - because there is no documented evidence of we ever asking them to vacate the property. Also how much time do you think a case of this nature might take? Thanks Ankita

(Guest)

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

MOBILE.9271971251

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

e.mail.nandkumarbs@sify.com

REGARDING THE POSSESSION OF FLAT KINDLY NOTE THAT.

1.YOU MAY KINDLY SEND DETAILS ABOUT OWNERSHIP OF THE FLAT,IN CASE IT IS IN YOUR NAME YOU MAY KINDLY SEND A LEGAL NOTICE TO THE BROTHER OF YOUR HUSBAND AND MENTION ALL FACTS AND DEMAND THE POSSESSION OF THE SAID FLAT.

2.IN CASE ANY RENT OR COMPENSATION TRANSACTION IS THERE THEN YOU HAVE TO MENTION ABOUT THE SAME.

3 YOU MAY GET BACK THE POSSESSION ON GROUNDS OF BONAFIDE USE FOR YOUR FAMILY.

4IN CASE THE MATTER IS NOT SETTLED EVEN AFTER SENDING LEGAL NOTICE THEN FILE SUIT FOR POSSESSION OF PROPERTY IN CIVIL COURTS AFTER NOTICE  PERIOD IS OVER.

YOU MAY WRITE OR CALL IN CASE ANY FURTHER HELP IS REQUIRED.

THANKS.

kutub (Financial Advisor)     22 June 2012

My dad have a property in his name but my gradfather and grand mother were staying there with my aunt (divorcee) and uncle unmarried, my family are staying in another house which is in name of my grandfather after the demise of my grandfather and grandmother my dad is asking my uncle and aunt to vacate the flat and shift of the flat we are living in but they are refusing it..... what legal action can we take against them..... please reply


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