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Hi regarding taking physical possession of flat

(Querist) 30 May 2012 This query is : Resolved 
Hi
This is Ashwini Pandit
My father have flat in Co-op society in Pune
We do not have original documents of those but have Xerox of agreement. But builder is ready to help in making new agreement...My unty (may father’s sister) have possession of that flat...My father gave her it for temporary reason but now she is not ready to leave the flat...also says if we will forcefully take the possession then she will sue us...she is not residing there have only kept few things and locked the room ...we have had given her room just to stay there in her bad time and not even on rental basis...my father had gave her POA just only to pay dues and attend meetings...but she had not done any of such duties...she kept some tenant there took deposits and rent from them and spend it for her own expenditure..Instead of paying dues and maintenance...she have illegal and force full possession more than 20 years …Kindly guide me how can I take the possession of flat…can I take forceful possession…or it may create any problem..???
ajay sethi (Expert) 30 May 2012
mr ashwin pandit

you cnanot take forceful posession of flat . you will have to file suit for eviction against your aunt . contact a local lawyer in pune
Ashwini (Querist) 30 May 2012
generally how much time it take to get the possession through filing a suit....i have another issue...my aunt now staying in mumbai at 2nd flooer in same building ..whr we stay she lock the door of common gate towards tarrace...and kept open her sefty door ..n now she says if we will break the lock..she will sue us that we try to stolen things from her house...building is 53 year old...we complain about her in BMC ...she also damage the tarrace by several way.once we tried to broke the lock..that time she take a video shooting of the same...as she have already filed a case of domestic violence against all 3 brothers...she is divocee and have already gor mantenance fro her husband...
ajay sethi (Expert) 30 May 2012
it depends upon pendency of cases in pune . it may take some years .

it is better to resolve family disputes by involving elders rather than washing dirty linen in public
Ashwini (Querist) 30 May 2012
thank you for your help sir...
Shonee Kapoor (Expert) 30 May 2012
nothing left to be added.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


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