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Ankit Shah (Service)     18 November 2012

Lockdown of a pagdi system flat after death of family member

 

Dear Lawyer Sir / Madam,

 

I have a Pagdi system room on the name of my father's blood relation uncle from 60 years and before his death he made a will to have that on the name of my Father, Mother & myself.

 

My uncle passed away 3 months back and owner of that property locked down my room after breaking our lock without informing us and according to him my uncle was his tenant and we are not the tenant of their's and we don't have any rights to stay their.

 

We were residing to that room till 4 years back, currently I am living in rented flat as room was too small and we have water problems... we have our names in Ration Card, My Father's & Mother's election card on same address and many other legal / formal documents.

 

I am a middle class man and for a middle class man it's very difficult to own a small room in Mumbai City and this is the only hope i have with this room.

 

Request you all to suggest, so that I can claim our property.

 

Many many thanks in advance.



Learning

 1 Replies

BAPOO M. MALCOLM (Advocate and Empanelled Arbitrator Bombay High Court I 7809 OS 14436)     19 November 2012

If you are honestly in line, forcibly enter the home. It is illegal for the landlord to keep you out. You are protected by the Rent Act 1999, The Specific Relief Act Sec. 6 and the Cr. P C Sec. 145. Get a good lawyer and claim what is rightfully yours. The law does not come to the rescue of those who sleep over their rights. Good Luck.


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