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DHANANJAY LAHANE (Dy Manager)     13 December 2011

Property matter

 

I need an opinion on important legal  matter. 

My father has built a house in around 1971in small village in one of the district of Maharashtra. We have a original tax receipt for year 1974 and 1979 paid to Grampanchayat. My uncle used to stay along with him at the same house .Later in early 80's my father moved to Mumbai for a job and my uncle has occupied the house.

Now the tax receipt comes in the name of uncle and his name is also reflecting in namuna number 8 and 8A format of  Grampanchayat. When enquire in Grampanchayat ,they issued one letter that my fathers name is no where in form 8 . It means my father does not have any property in the village. We thought that Uncle has illegally changed the record

Now my Uncle has destroyed the house and started a new construction in RCC  on the same land without my fathers consent?

When enquired, my Uncle claims that the house belongs to him and he has built from his earnings.

Now can we go to court for claiming the compensation for destroying the property and using the same land for new consruction. By uncle

We have only two original tax receipt paid to panchayat as a proof. What other documents we can gather before approaching the court?

A quick  response is highy appreciated.

 

Thanks

 

Dhananjay



Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     14 December 2011

How your father got this property? It is to be known first, then only it can be answered.  

DHANANJAY LAHANE (Dy Manager)     14 December 2011

My father has build this property from his earning & it was build on the open land of village which i guess is not an issue in those. days. Its not an ancestral property.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     14 December 2011

do you have original receipt of year 1974 and 1979 paid to Grampanchayat in yor father's name??

 

Is record of rght  nasmuna 8 or any property papers in your father's name?

Conslt Local Advocate, get all details, issue Legal Notice to your uncle and gram Panchayat , file a civil sit for partition & injunction  

DHANANJAY LAHANE (Dy Manager)     14 December 2011

Thanks to all,

Yes ,we have original tax receipt in the name of my father for those 2 years paid to Grampanchayat. Apart from that no other papers are available to prove. Not even namuna 8 or 8A. We already sent a legal notice to them but new issue came out as below.

Based on tax receipt, we claimed that our house number 68 belongs to us but in reply to the legal notice they said that the current house number is 68/2(Actually they built a small room connecting our old house and destroyed our old house) & it is earned and built by them. Now the new question is how can 68/2 house be added. does it not require my father's consent? I guess Gramsevak is also involved in this as he is not supporting us & is not providing any old records even we are ready to pay the applicable fees. Shall I use RTI tool & request for namuna 8A for the year 1979 to 2011 for house number 68 & 68/2. Also shall I request when the property 68/2 included in 8A, what was the procedure and supporting documents responsible for inclusion of 68/2 in Namuna 8A.

In there reply they are consistently referring to property 68/2 and pretending that only 68/2 exists and do not have any idea about property 68 but actually they destroyed it and started new construction on it. How can we prove that the property 68 is destroyed? They have asked us to reply in 15 days but to receive the documents through RTI will take at least a month. What should be the steps ahead?


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